UC-NRLF 


U  B 

<3?4£ 


GIFT   OF 


Soldier  Legislation 

Passed  by  the 
FORTY-FOURTH  SESSION 

OF  THE 

California   Legislature 

I— 

and  Approved  by 

Governor  William  D.  Stephens 

1921 


COMPILED  BY 

JEROME  B.  KAVANAUGH 

Chief  Clerk  of  the  Assembly 


CALIFORNIA   STATE  PRINTING 
Sacramento 
1921 


11415 


C3A3 


ft 


TABLE  OF  CONTENTS. 


SENATE  BILLS. 
Number  Page 

25 — Provides  for  Filing  of  Certain  Documents  for  Veterans  With- 
out Payment  of  Fee 5 

26 — Grants  Certain  Civil  Service  Preferences  to  Veterans 6 

69 — Makes  Armistice  Day  a  Holiday 8 

592— Veterans  Welfare  Bond  Act  of  1921 9 

593 — Provides  Educational   Opportunities   for  Veterans 16 

594 — Veterans  Land  Settlement  Act 18 

935 — Authorizes    Counties    to    Erect    Homes,    Buildings,    Memorials 

or  Meeting  Places  for  Veterans 27 

976 — Provides  Vocational  Education  for  Dependents  of  Veterans 28 

ASSEMBLY  BILLS. 
822 — Known   as   the   "Hart   Bill"    and   Provides   for   State   Aid   to 

Veterans  in  the  Purchase  of  Farms,  Homes  and  Homesites     32 

906 — Extends   the  Exemption   from  License  Taxes   to   Veterans   of 

the  World  War___ 36 

909 — Grants  Certain  Tax  Exemptions  to  Veterans  of  the  World 
War,  and  Authorizes  the  Boards  of  Supervisors  to  Levy  a 
Tax  for  the  Compilation  of  War  History 37 

1267 — Prohibits  the  Unauthorized  Wearing  of  Badges,  etc.,  of  Cer- 
tain War  Veterans  Organizations 37 

ASSEMBLY    CONSTITUTIONAL   AMENDMENT. 
24 — Extends  Tax  Exemption  to<  Men  Furloughed  to  Reserve  and 

Released  to  Inactive  Service 38 

ASSEMBLY   JOINT   RESOLUTION. 
9 — Endorses  the  Adjusted  Compensation  Act  Pending  in  Congress     39 


515717 


SENATE  BILLS, 


Senate  Bill  No.  25. 

CHAPTER  326,  STATUTES  1921. 
(By  Senator  Scott.) 

An  act  to  amend  sections  four  thousand  two  hundred  ninety- 
five  and  four  thousand  two  hundred  ninety-seven  of  the 
Political  Code,  relating  to  official  services  and  fees. 

The  people  of  the  State  of  California  do  enact  as  follows: 

SECTION  1.  Section  four  thousand  two  hundred  ninety-five 
of  the  Political  Code  is  hereby  amended  to  read  as  follows : 

4295.  State,  county,  and  township  officers  shall  not,  in  any 
case,  except  in  proceedings  upon  habeas  corpus,  perform  any 
official  services  unless  upon  the  prepayment  of  such  fees  as  are 
prescribed  by  law,  for  the  performance  of  such  services;  pro- 
vided, that  the  state  or  any  county,  city  or  city  and  county,  or 
any  public  officer,  or  board  or  body,  acting  in  his,  or  her,  or  its 
official  capacity  on  behalf  of  the  state,  or  any  county,  city,  or 
city  and  county,  shall  not  be  required  to  pay  or  deposit  any  fee 
for  the  filing  of  any  document  or  paper,  or  for  the  performance 
of  any  official  service ;  provided,  further,  that  the  state,  or  any 
county,  city,  or  city  and  county,  or  any  public  officer,  or 
board  or  body,  acting  in  his  or  her  or  its  official  capacity, 
on  behalf  of  the  state,  or  county,  or  city,  or  city  and  county, 
except  notaries  public,  shall  not  collect,  demand,  or  receive 
any  fee  or  compensation  for  recording  or  indexing  any  dis- 
charge of  a  soldier,  sailor,  or  marine,  of  the  United  States 
army,  navy,  or  marine  corps,  or  of  a  nurse  who  served  in 
the  American  Bed  Cross  or  in  the  army  or  navy  nurse 
corps,  or  for  issuing  certified  copies  thereof,  or  for  any 
service  whatever  rendered  in  the  matter  of  a  pension  claim, 
application,  affidavit,  voucher,  or  in  the  matter  of  any  claim  to 
be  presented  to  the  bureau  of  war  risk  insurance,  under  and  by 
virtue  of  an  act  of  congress  of  the  United  States,  entitled  "An 
act  to  amend  an  act  entitled  'An  act  to  authorize  the  estab- 
lishment of  a  bureau  of  war  risk  insurance  in  the  treasury 
department,'  "  approved  October  6,  1917,  and  acts  amendatory 
thereof;  or  furnishing  a  verified  copy  of  the  public  record  of 
a  marriage,  death,  birth,  or  divorce,  deed  of  trust,  mortgage, 
or  property  assessment,  or  making  the  search  for  the 
same,  wherein  the  same  is  to  be  used  in  a  claim  for  pension,  or 
a  claim  for  allotment,  allowance,  compensation,  insurance 
automatic  insurance,  or  otherwise,  under  the  said  act,  estab- 
lishing the  said  bureau  of  war  risk  insurance.  Notaries 
public  shall  not  make  any  charge  for  an  acknowledgment  to 
any  document  that  is  to  be  filed  in  any  pending  claim  in  the 

2—11415 


bureau* 'of  \£jensions',t. department  of  the  interior,  or  in  the 
bureau  of  war*  iisk  Jrfcurance,  treasury  department. 

Said  services  shall  *oe  rendered  on  the  request  of  a  United 
States  official,  a  claimant,  his  or  her  guardian,  or  attorney, 
and  for  every  failure  or  refusal  so  to  do,  such  officer  shall  be 
liable  on  his  or  her  official  bond. 

Upon  payment  by  any  person  of  the  fees  required  by  law, 
the  officer  must  perform  the  services  required,  and  for  every 
failure  or  refusal  so  to  do,  such  officer  shall  be  liable  on  his  or 
her  official  bond. 

SEC.  2.  Section  four  thousand  two  hundred  ninety-seven  of 
the  Political  Code  is  hereby  amended  to  read  as  follows : 

4297.  No  fee  or  compensation  of  any  kind  must  be  charged 
or  received  by  any  officer  for  duties  performed  or  services  ren- 
dered in  proceedings  upon  habeas  corpus,  nor  for  administering 
or  certifying  the  oath  of  office  nor  filing  nor  swearing  to  any 
claim  or  demand  against  any  county  in  this  state.  State,  or 
any  county,  city,  and  city  and  county,  or  any  public  officer, 
except  notaries  public,  or  board  or  bod}",  acting  in  his  or  her, 
or  its  official  capacity,  on  behalf  of  the  state,  or  any  county, 
city,  or  city  and  county,  shall  not  receive  fees  or  other  compen- 
sation for  services  rendered  in  an  affidavit,  or  application  relat- 
ing to  the  securing  of  a  pension,  or  the  payment  of  a  pension 
voucher,  or  any  matter  relating  thereto.  No  charge  shall 
be  made  by  notaries  public  for  an  acknowledgment  of  a 
claimant  or  a  witness,  in  the  matter  of  a  claim  pending  in  the 
bureau  of  pensions,  department  of  the  interior,  or  in  the 
bureau  of  war  risk  insurance,  treasury  department;  provided, 
said  acts  are  performed  in  the  designated  office  of  the  notaries 
public. 


Senate  Bill  No.  26. 

CHAPTER  577,   STATUTES  1921. 
(By  Senator  Scott.) 

An  act  to  amend  sections  twenty-six  and  twenty -seven  of  an 
act  entitled,  "An  act  to  provide  for  a  general  system,  based 
upon  investigation  as  to  merit,  efficiency  and  fitness,  for 
appointment  to  and  holding  during  good  behavior  of  office 
and  employment  under  state  authority  and,  in  that  behalf. 
to  create  a  state  civil  service  commission,  to  prescribe 
its  powers  and  duties,  to  make  the  wilful  violation  of  the 
provisions  of  this  act  a  misdemeanor,  to  repeal  all  acts  and 
parts  of  acts  inconsistent  herewith  in  so  far  as  they  may  be 
inconsistent  with  the  provisions  of  this  act,  and  .to  make 
an  appropriation  therefor,"  approved  June  16,  1913,  as 
amended. 

The  people  of  the  State  of  California  do  enact  as  follows: 

SECTION  1.     Section    twenty-six   of   an    act   entitled,    "An 
act  to  provide  for  a  general  system,  based  upon  investigation 


as  to  merit,  efficiency  and  fitness,  for  appointment  *t&  and 
holding  during  good  behavior  of  office  and  employment  under 
state  authority  and,  in  that  behalf,  to  create  a  state  civil  service 
commission,  to  prescribe  its  powers  and  duties,  to  make  the 
wilful  violation  of  the  provisions  of  this  act  a  misdemeanor, 
to  repeal  all  acts  and  parts  of  acts  inconsistent  herewith  in 
so  far  as  they  may  be  inconsistent  with  the  provisions  of  this 
act,  and  to  make  an  appropriation  therefor,"  approved  June 
16,  1913,  as  amended,  is  hereby  amended  to  read  as  follows : 

Sec.  26.  The  term  veteran  as  used  in  this  act  means  and 
includes  any  person  who  has  served  in  the  United  States 
army,  navy,  marine  corps,  revenue  marine  service,  or  as  an 
active  nurse  in  the  service  of  the  American  Red  Cross,  or  in 
the  army  and  navy  nurse  corps  in  time  of  war,  or  in  any  ex- 
pedition of  the  armed  forces  of  the  United  States,  and  re- 
ceived an  honorable  discharge  or  certificate  of  honorable  active 
service  proof  of  which  shall  be  submitted  to  the  civil  service 
commission  at  the  time  of  examination. 

SEC.  2.  Section  twenty-seven  of  said  act  is  hereby  amended 
to  read  as  follows: 

Sec.  27.  The  civil  service  commission  shall  by  rule 
establish  preference  for  veterans  as  follows :  IS  the  case  of 
entrance  examinations  to  establish  eligible  lists  for  policemen 
and  watchmen,  veterans  who  become  eligible  for  appointment 
by  attaining  the  passing  mark  established  for  the  examination, 
and  whose  service  as  veterans  exceeds  three  months,  shall  be 
classified  on  such  eligible  lists  in  the  relative  order  of  the 
individual  ratings  attained,  and  ahead  of  all  non-veterans 
passing  such  examinations,  and  shall  be  eligible  for  appoint- 
ment on  the  basis  of  such  order  of  standing  on  such  eligible 
lists. 

In  the  case  of  all  other  entrance  examinations,  veterans  with 
thirty  days  or  more  of  service,  and  widows  of  veterans  who 
were  married  to  such  veterans  on  or  before  November  11,  1918, 
who  become  eligible  for  appointment  by  attaining  the  passing 
mark  established  for  the  examination,  shall  be  allowed  an  addi- 
tional credit  of  five  points,  which  shall  be  added  to  the  per- 
centages attained  in  such  examinations  by  such  veterans,  and 
they  shall  be  placed  on  eligible  lists  and  be  eligible  for  appoint- 
ment in  the  order  and  on  the  basis  of  the  percentages  attained 
by  them  in  examinations  after  such  credit  of  five  points  shall 
have  been  added.  All  ties  shall  be  decided  in  favor  of  veterans ; 
provided,  however,  in  the  case  of  promotional  examinations,  a 
credit  of  three  points  shall  be  allowed  to  veterans  and  widows 
of  veterans  who  were  married  to  such  veterans  on  or  before 
November  11,  1918. 

The  civil  service  commission,  for  specific  state  services  or 
employments,  as  determined  by  the  commission,  may,  in 
examination,  allow  general  or  individual  preferences  in  rating 
to  veterans  who  have  suffered  permanent  disability  in  line  of 
duty;  provided,  that  such  disability  would  not  prevent  the 
proper  performance  of  the  duties  required  under  such  service 


—  8  — 

or  employment,  and  provided  that  such  disability  was  of  record 
in  the  files  of  the  war  department  as  of  July  1,  1920. 

In  the  case  of  examination  to  establish  eligible  lists  for 
artisans,  and  in  which  credits  are  allowed  for  experience  as  a 
journeyman,  periods  of  service  in  the  armed  forces  of  the 
United  States,  whether  as  artisan  or  otherwise,  shall  be  counted 
by  the  commission  as  journeyman  experience. 


Senate  Bill  No.  69. 

« 

CHAPTER  350,  STATUTES  1921. 

(By  Senator  Anderson.) 

An  act  to  amend  section  ten  of  the  Political  Code,  relating  to 

holidays. 

The  people  of  the  State  of  California  do  enact  as  follows: 

SECTION  1.  Section  ten  of  the  Political  Code  is  hereby 
amended  so  as  to  read  as  follows: 

10.  Holidays  within  the  meaning  of  this  code,  are  every 
Sunday,  the  first  day  of  January,  twelfth  day  of  February,  to 
be  known  as  Lincoln  day,  twenty-second  day  of  February, 
thirtieth  day  of  May,  fourth  day  of  July,  ninth  day  of  Sep- 
tember, first  Monday  in  September,  twelfth  day  of  October, 
to  be  known  as  "Columbus  day,"  twenty- fifth  day  of  Decem- 
ber, eleventh  day  of  November,  known  as  "Armistice  day/' 
every  day  on  which  an  election  is  held  throughout  the  state, 
except  a  general  primary  election,  and  every  day  appointed 
by  the  president  of  the  United  States  or  by  the  governor  of  this 
state  for  a  public  fast,  thanksgiving  or  holiday. 

If  the  first  day  of  January,  twelfth  day  of  February,  twenty- 
second  day  of  February,  the  thirtieth  day  of  May,  the  fourth 
day  of  July,  the  ninth  day  of  September,  the  twelfth  day  of 
October,  the  twenty-fifth  day  of  December  or  eleventh  day  of 
November  falls  upon  a  Sunday,  the  Monday  following  is  a 
holiday. 

Every  Saturday  from  twelve  o'clock  noon  until  twelve 
o'clock  midnight  is  -a  holiday  as  regards  the  transaction  of 
business  in  the  public  offices  of  this  state,  and  also  in  political 
divisions  thereof  where  laws,  ordinances  or  charters  provide 
that  public  offices  shall  be  closed  on  holidays ;  this  shall  not  be 
construed  to  prevent  or  invalidate  the  issuance,  filing,  service, 
execution  or  recording  of  any  legal  process  or  written  instru- 
ment whatever  on  such  Saturday  afternoon;  and  provided, 
further,  that  the  public  schools  of  this  state  shall  close  on 
Saturday,  Sunday,  the  first  day  of  January,  the  thirtieth  day 
of  May,  the  fourth  day  of  July,  the  ninth  day  of  September, 
the  twenty-fifth  day  of  December,  and  on  every  day  appointed 
by  the  president  of  the  United  States  or  the  governor  of  this 
state  for  a  public  fast,  thanksgiving  or  holiday.  Said  public 
schools  shall  continue  in  session  on  all  other  legal  holidays  and 


shall  hold  proper  exercises  commemorating  the  day.  Boards  of 
school  trustees  and  cit.y  boards  of  education  shall  have  power 
to  declare  a  holiday  in  the  public  schools  under  their  jurisdic- 
tion when  good  reason  exists  therefor. 

All  public  offices  of  the  state  and  all  state  institutions,  includ- 
ing the  state  university  and  all  public  schools  in  the  state  shall 
be  closed  on  the  ninth  day  of  September  of  each  year,  known 
as  "Admission  dav." 


Senate  Bill  No.  592. 

CHAPTER  578,  STATUTES  1921. 
(By  Senator  Inman.) 

An  act  to  authorize  the  creation  of  a  debt  or  debts,  liability 
or  liabilities,  through  the  issuance  and  sale  of  state  bonds, 
for  the  single  object  of  creating  a  fund  to  carry  on  the 
operations  of  the  veterans'  welfare  board  in  accordance 
with  the  provisions  of  the  California  veterans'  ivelfare  act 
enacted  at  the  forty -fourth,  session  of  the  legislature  of  the 
State  of  California,  and  also  in  accordance  with  the  pro- 
visions of  the  veterans'  farm,  and  home  purchase  act 
enacted  at  the  forty-fourth  session  of  the  legislature  of  the 
State  of  California,  or  either  of  them  enacted  at  the  forty- 
fourth  session  of  the  legislature  of  the  State  of  California, 
and  of  any  and  all  acts  amendatory  or  supplemental  to 
said  acts,  or  either  of  them;  to  provide  ways  and 
means,  exclusive  of  loans,  for  the  payment  of  the  interest 
of  such  debt  or  debts,  liability  or  liabilities,  as  such  interest 
falls  due,  and  also  for  the  payment  and  discharge  of  the 
principal  of  such  debt  or  debts,  liability  or  liabilities,  as 
such  principal  matures;  to  create  a  veterans'  welfare 
finance  committee  the  members  of  which  are  to  serve  with- 
out compensation;  to  define  the  powers  and  duties  of  said 
veterans'  welfare  finance  committee  and  of  other  state 
officers  in  relation  to  this  act;  to  appropriate  money  for 
the  expense _  of  preparing  and  of  advertising  the  sale  of  the 
bonds  herein  authorized  to  be  issued;  and  to  provide  for 
the  submission  of  this  act  to  a  vote  of  the  people  at  the 
general  election  to  be  held  in  the  month  of  November, 
1922. 

The  people  of  the  State  of  California  do  enact  as  follows: 

SECTION  1.  For  the  purpose  of  creating  a  fund  to  carry 
on  the  operations  of  the  veterans'  welfare  board  in  accordance 
with  the  provisions  of  the  California  veterans'  welfare  act 
enacted  at  the  forty-fourth  session  of  the  legislature  of  the 
State  of  California,  and  also  in  accordance  with  the  provi- 
sions of  the  veterans'  farm  and  home  purchase  act  enacted  at 
the  forty  fourth  session  of  the  legislature  of  the  State  of  Cali- 
fornia, or  either  of  them  enacted  at  the  forty-fourth  session 
of  the  legislature  of  the  State  of  California,  and  of  any  and 


—  10  — 

all  acts  amendatory  or  supplemental  to  said  acts,  or  either  of 
them,  the  veterans'  welfare  finance  committee  created  by  this 
act  shall  be  and  it  hereby  is  authorized  and  empowered  to 
create  a  debt  or  debts,  liability  or  liabilities,  of  the  State  of 
California,  in  the  manner  and  to  the  extent  hereinafter  pro- 
vided, but  not  otherwise,  nor  in  excess  thereof. 

SEC.  2.  After  the  issuance  of  the  proclamation  of  the  gov- 
ernor provided  for  in  section  sixteen  of  this  act,  and  imme- 
diately after  adoption  of  any  resolution  by  the  veterans'  wel- 
fare finance  committee  hereby  created,  provided  for  in  sec- 
tion eleven  of  this  act,  the  state  treasurer  shall  prepare  the 
requisite  number  of  suitable  bonds  of  the  denomination  of 
one  thousand  dollars  in  accordance  with  the  specifications 
contained  in  such  resolution.  The  aggregate  par  value  of  all 
bonds  issued  under  this  act  shall  not  exceed  the  sum  of  ten 
million  dollars,  and  the  bonds  issued  under  any  such  resolu- 
tion shall  bear  interest  from  the  date  of  issuance  of  said 
bonds  to  the  date  of  maturity  thereof,  at  a  rate  to  be  deter- 
mined by  the  said  veterans'  welfare  finance  committee  and 
specified  in  such  resolution,  but  in  no  case  exceeding  six  per 
cent  per  annum.  Both  principal  and  interest  shall  be  pay- 
able in  gold  coin  of  the  United  States,  of  the  present  standard 
of  value,  at  the  office  of  the  state  treasurer,  or  at  the  office  of 
any  duly  authorized  agent  of  the  state  treasurer,  and  shall 
be  so  payable  at  the  times  specified  in  said  resolution  or  reso- 
lutions. 

All  bonds  issued  under  this  act  shall  bear  the  signature  of 
the  governor  and  the  facsimile  countersignature  of  the  con- 
troller and  shall  be  endorsed  by  the  state  treasurer  either  by 
original  signature  or  by  signature  stamp  adopted  for  each 
particular  bond  issue  under,  this  act,  and  the  said  bonds  shall 
be  signed,  countersigned  and  endorsed  by  the  officers  who 
shall  be  in  office  on  the  date  of  issuance  thereof,  and  each  of 
said  bonds  shall  bear  an  impress  of  the  great  seal  of  the  State 
of  California.  The  said  bonds  so  signed,  countersigned, 
endorsed  and  sealed,  when  sold,  shall  be  and  constitute  a 
valid  and  binding  obligation  upon  the  State  of  California, 
although  the  sale  thereof  be  made  at  a  date  or  dates  upon 
which  the  officers  having  signed,  countersigned  and  endorsed 
said  bonds,  or  any  or  either  of  said  officers,  shall  have  ceased 
to  be  the  incumbents  of  the  offices  held  by  them  at  the  time 
of  signing,  countersigning,  or  endorsing  said  bonds.  Each 
bond  issued  under  this  act  shall  contain  a  clause  or  clauses 
stating  that  interest  shall  cease  to  accrue  thereon  from  and 
after  the  date  of  maturity  thereof,  and  referring  to  this  act 
and  to  the  resolution  of  the  veterans'  welfare  finance  com- 
mittee hereunder  by  virtue  of  which  said  bond  is  issued. 

SEC.  3.  The  requisite  number  of  suitable  interest  coupons, 
appropriately  numbered,  shall  be  attached  to  each  bond  issued 
under  this  act.  Said  interest  coupons  shall  bear  the  fac- 
simile signature  of  the  state  treasurer  who  shall  be  in  office 
on  the  date  of  issuance  of  the  bond  to  which  said  coupons 
pertain. 


SEC.  4.  All  bonds  issued  under  this  act  and  sold  shall  be 
deemed  to  have  been  called  in  at  their  respective  dates  of 
maturity  and  the  state  treasurer  shall,  on  the  respective  dates 
of  maturity  of  said  bonds,  or  as  soon  thereafter  as  said 
matured  bonds  are  surrendered  to  him,  pay  the  same  out  of 
the  proceeds  of  the  controller's  warrants  drawn  in  his  favor 
as  provided  in  section  five  hereof  and  perforate  the  bonds  so 
paid  with  a  suitable  device  in  a  manner  to  indicate  such  pay- 
ment and  the  date  thereof.  He  shall  also,  on  the  said  respec- 
tive dates  of  maturity,  cancel  all  bonds  bearing  said  dates  of 
maturity  and  remaining  unsold,  by  perforation  with  a  suit- 
able device  in  a  manner  to  indicate  such  cancellation  and  the 
date  thereof.  The  provisions  of  this  section  shall  be  appli- 
cable also  to  the  interest  coupons  pertaining  to  the  bonds 
authorized  by  this  act  to  be  issued,  and  shall  be  applicable, 
as  far  as  practicable,  to  any  duly  authorized  agent  of  the 
state  treasurer. 

SEC.  5.  There  is  hereby  appropriated  from  the  general 
fund  in  the  state  treasury  such  sum  annually  as  will  be  neces- 
sary to  pay  the  principal  of  and  the  interest  on  the  bonds 
issued  and  sold  pursuant  to  the  provisions  of  this  act,  as  said 
principal  and  interest  becomes  due  and  payable. 

There  shall  be  collected  annually  in  the  same  manner  and 
at  the  same  time  as  other  state  revenue  is  collected  such  a 
sum,  in  addition  to  the  ordinary  revenues  of  the  state,  as 
shall  be  required  to  pay  the  principal  and  interest  on  said 
bonds  as  herein  provided,  and  it  is  hereby  made  the  duty  of 
all  officers  charged  by  law  with  any  duty  in  regard  to  the 
collections  of  said  revenue,  to  do  and  perform  each  and  every 
act  which  shall  be  necessary  to  collect  such  additional  sum. 

On  the  several  dates  of  maturity  of  said  principal  and 
interest  in  each  fiscal  year,  there  shall  be  returned  into  the 
general  fund  in  the  state  treasury,  all  of  the  moneys  in  the 
specific  fund  into  which  the  proceeds  from  the  sale  of  the 
said  bonds  have  been  covered  as  herein  prescribed,  not  in 
excess  of  the  principal  of  and  interest  on  the  said  bonds 
then  due  and  payable  and,  in  the  event  of  such  moneys  so 
returned  on  said  dates  of  maturity  being  less  than  the  said 
principal  and  interest  then  due  and  payable,  then  the  bal- 
ance remaining  unpaid  shall  be  returned  into  the  general 
fund  in  the  state  treasury  out  of  said  specific  fund  as  soon 
thereafter  as  it  shall  become  available,  together  with  interest 
thereon,  from  such  dates  of  maturity  until  so  returned,  at 
the  rate  of  five  per  cent  per  annum,  compounded  semi- 
annually. 

Both  principal  and  interest  of  said  bonds  shall  be  paid  when 
due  upon  warrants  duly  drawn  against  said  appropriation 
from  the  general  fund  by  the  controller  of  the  state  in  favor 
of  the  state  treasurer  or  in  favor  of  any  duly  authorized 
agent  of  the  state  treasurer,  upon  demands  audited  by  the 
state  board  of  control,  and  the  moneys  to  be  returned  into 
the  general  fund  in  the  state  treasury  pursuant  to  the  pro- 
visions of  this  section  shall  likewise  be  paid  as  herein  pro- 


—  12  — 

vided  upon  warrants  duly  drawn  by  the  controller  of  the 
state  upon  demands  duly  audited  by  the  state  board  of 
control. 

SEC.  6.  The  sum  of  fifteen  thousand  dollars  is  hereby 
appropriated  out  of  any  money  in  the  state  treasury  not 
otherwise  appropriated  to  pay  the  expenses  that  may  be 
incurred  by  the  state  treasurer  in  having  said  bonds  pre- 
pared and  in  advertising  their  sale.  Said  amount  shall  be 
refunded  to  the  general  fund  in  the  state  treasury  out  of 
the  specific  funds  into  which  the  proceeds  from  the  sale  of 
said  bonds  shall  be  respectively  covered  in  accordance  with 
the  provisions  of  this  act  on  controller's  warrant  duly  drawn 
for  that  purpose. 

SEC.  7.  When  the  bonds  authorized  to  be  issued  under 
this  act  shall  be  duly  executed,  they  shall  be  by  the  state 
treasurer  sold  at  public  auction  to  the  highest  bidder  for 
cash,  in  such  parcels  and  numbers  as  the  said  treasurer 
shall  be  directed  by  the  governor  of  the  state,  under  seal 
thereof,  after  a  resolution  requesting  such  sale  shall  have 
been  adopted  by  the  veterans'  welfare  board  and  approved 
by  the  governor  of  the  state;  but  said  treasurer  must  reject 
any  and  all  bids  for  said  bonds,  or  for  any  of  them,  which 
shall  be  below  the  par  value  of  said  bonds  so  offered  plus 
the  interest  which  has  accrued  thereon  between  the  date  of 
sale  and  the  last  preceding  interest  maturity  da)te;  and 
with  the  approval  of  the  governor,  he  may  from  time  to  time, 
by  public  announcement  at  the  place  and  time  fixed  for  the 
sale,  continue  such  sale,  as  to  the  whole  of  the  bonds  offered, 
or  any  part  thereof  offered,  to  such  time  and  place  as  he 
may  select.  Before  offering  any  of  said  bonds  for  sale  the 
said  treasurer  shall  detach  therefrom  all  coupons  which  have 
matured  or  will  mature  before  the  day  fixed  for  such  sale. 

SEC.  8.  Due  notice  of  the  time  and  place  of  sale  of  all  bonds 
must  be  given  by  said  treasurer  by  publication  in  one  news- 
paper published  in  the  city  and  county  of  San  Francisco  and 
also  by  publication  in  one  newspaper  published  in  the  city 
of  Oakland  and  by  publication  in  one  newspaper  published 
in  the  city  of  Los  Angeles  and  by  publication  in  one  news- 
paper published  in  the  city  of  Sacramento  once  a  week  dur- 
ing four  weeks  prior  to  such  sale.  In  addition  to  the  notice 
last  above  provided  for,  the  state  treasurer  may  give  such 
further  notice  as  he  may  deem  advisable,  but  the  expense 
and  cost  of  such  additional  notice  shall  not  exceed  the  sum 
of  five  hundred  dollars  for  each  sale  so  advertised.  The 
proceeds  of  the  sale  of  such  bonds  and  such  amount  as  may 
have  been  paid  as  accrued  interest  thereon  shall  be  forth- 
with paid  over  by  said  treasurer  into  the  veterans'  welfare 
fund  for  land  settlement,  or  into  the  veterans'  farm  and 
home  building  fund,  as  the  case  may  be,  in  accordance  with 
the  resolution  of  the  veterans'  welfare  finance  committee, 
provided  for  in  section  eleven  of  this  act,  by  virtue  of  which 
resolution  the  said  bonds  shall  have  been  issued,  and  must  be 
used  exclusively  to  provide  useful  employment  and  the  oppor- 


—  13  — 

tunity  to  acquire  farm  homes  with  profitable  livelihood  on 
the  land  for  veterans  and  to  provide  for  cooperation  of  the 
state  with  the  agencies  of  the  United  States  engaged  in  work 
of  similar  character,  and  to  furnish  to  veterans  the  oppor- 
tunity to  purchase  farms,  homes  and  home  sites,  in  accord- 
ance with  the  provisions  of  the  California  veterans'  wel- 
fare act  and  of  the  veterans'  farm  and  home  purchase  act, 
or  either  of  them,  and  of  any  and  all  acts  amendatory  or 
supplemental  to  said  acts,  or  either  of  them;  provided,  that 
the  said  veterans'  welfare  board  must  pay  over  to  the  gen- 
eral fund  of  the  state  from  the  proceeds  of  the  sale  of  the 
bonds  all  money  which  has  been  heretofore  or  may  be  here- 
after appropriated  and  advanced  out  of  the  general  fund 
in  the  state  treasury  for  the  use  of  the  said  veterans'  welfare 
board  on  condition  that  it  shall  be  so  paid  over;  provided, 
further,  that  the  said  veterans'  welfare  board  may,  out  of  the 
proceeds  from  the  sale  of  said  bonds,  pay  all  or  any  part  of 
any  indebtedness  heretofore  by  it  incurred  in  accordance  with 
law  and  remaining  unpaid,  including  the  interest  accrued 
thereon,  unless  the  rate  of  interest  applying,  to  such  indebted- 
ness is  less  than  the  rate  of  interest  applying  to  the  said 
bonds;  and  provided,  further,  that  the  proceeds  from  the 
sale  of  said  bonds  may  be  used  to  pay  the  debt  created  by 
the  issuance  and  sale  thereof. 

SEC.  9.  The  veterans'  welfare  board  shall  be  and  hereby 
is  authorized,  with  the  approval  of  the  state  board  of  control, 
to  invest  any  surplus  moneys  in  any  of  the  funds  subject  to 
or  appropriated  for  its  use  in  bonds  of  the  United  States,  or 
of  the  State  of  California,  or  of  the  several  counties  or  munic- 
ipalities or  other  political  subdivisions  of  the  State  of  Cali- 
fornia, and  to  sell  such  bonds,  or  any  of  them,  at  the  govern- 
ing market  rates,  upon  approval  of  the  state  board  of  control. 

SEC.  10.  There  is  hereby  created  a  veterans'  welfare  finance 
committee  composed  of  the  governor,  state  controller,  state 
treasurer,  chairman  of  the  state  board  of  control,  and  chair- 
man of  the  veterans'  welfare  board,  all  of  whom  shall  serve 
thereon  without  compensation  and  a  majority  of  whom  shall 
be  empowered  to  act  for  said  committee.  The  attorney  gen- 
eral of  the  state  shall  be  the  legal  advisor  of  the  veterans' 
welfare  finance  committee. 

Upon  request  of  the  veterans'  welfare  board,  supported  by 
a  statement  of  the  plans  and  projects  of  the  veterans'  welfare 
board  with  respect  thereto,  which  statement  shall  designate 
the  specific  fund  to  which  such  plans  and  projects  relate,  the 
veterans'  welfare  finance  committee  shall  determine  whether 
or  not  a  bond  issue  under  this  act  is  necessary  or  desirable  to 
carry  such  plans  and  projects  into  execution. 

SEC.  11.  Whenever  the  said  veterans'  welfare  finance  com- 
mittee shall  have  determined  that  a  bond  issue  under  this 
act  is  necessary  or  desirable  to  carry  such  plans  and  projects 
into  execution,  it  shall  adopt  a  resolution  to  this  effect.  The 
said  resolution  shall  authorize  and  direct  the  state  treasurer 

3—11415 


—  14  - 

to  prepare  the  requisite  number  of  suitable  bonds  and  shall 
specify : 

1.  The   aggregate   number,   aggregate   par   value,   and   the 
date  of  issuance  of  the  bonds  to  be  issued. 

2.  The  date  or  dates  of  maturity  of  the  bonds  to  be  issued 
and  the  number  and  numerical  sequence  of  the  bonds  maturing 
at  each  date  of  maturity. 

3.  The  annual  rate  of  interest  which  the  bonds  to  be  issued 
shall  bear. 

4.  The  number,  numerical  sequence,   amount  or   amounts, 
and   the   dates    of  maturity   of   the   interest   coupons   to   be 
attached  to  the  said  bonds. 

5.  The  specific  fund  into  which  the  proceeds  from  the  sale 
of  the  bonds  to  be  issued  shall  be  placed  and  from  which  dis- 
bursements thereof  shall  be  made  in  accordance  with  this  act. 

6.  The  technical  form  and  language   of  the   bonds  to   be 
issued  and  of  the  interest  coupons  to  be  attached  thereto. 

In  determining  the  date  or  dates  of  maturity  of  the  said 
bonds  and  the  amount  of  bonds  maturing  at  each  date  of 
maturity,  the  veterans'  welfare  finance  committee  shall  be 
guided  by  the  amounts  and  dates  of  maturity  of  the  revenues 
estimated  to  accrue  to  the  veterans'  welfare  board  from  the  pro- 
ject or  projects  to  be  financed  by  each  issue,  and  shall  fix  and 
determine  said  dates  and  amounts  in  teuch  manner  that, 
together  with  the  dates  and  amounts  of  interest  payments 
on  the  said  bond  issue,  they  shall  coincide,  as  nearly  as  prac- 
ticable, and  be  commensurate,  as  nearly  as  practicable,  with 
the  dates  and  amounts  of  such  estimated  revenues;  provided, 
that  the  bonds  first  to  mature  in  each  issue,  shall  mature  not 
later  than  five  years  from  the  date  of  issuance  thereof;  pro- 
vided,, further,  that  specified  numbers  of  bonds  of  specified 
numerical  sequence  shall  thereafter  mature  at  annual  inter- 
vals; and  provided,  further,  that  the  bonds  last  to  mature  in 
each  issue  shall  mature  not  later  than  forty-five  years  from  the 
date  of  issuance  thereof. 

The  rate  of  interest  to  be  borne  by  the  said  bonds  shall  be 
uniform  for  all  the  bonds  of  the  same  issue  and  shall  be  deter- 
mined and  fixed  by  the  veterans'  welfare  finance  committee 
according  to  the  then  prevailing  market  conditions,  but  shall 
in  no  case  exceed  six  per  cent  per  annum,  and  the  determina- 
tion of  said  committee  as  to  the  rate  of  interest  shall  be  con- 
clusive as  to  the  then  prevailing  market  conditions.  The 
interest  coupons  to  be  attached  to  the  said  bonds  shall  be  pay 
able  at  semiannual  intervals  from  the  date  of  issuance  of  said 
bonds;  provided,  that  the  interest  coupon  first  payable  may, 
if  the  veterans'  welfare  finance  committee  shall  so  determine 
and  specify,  be  payable  one  year  after  the  date  of  issuance 
of  said  bonds. 

SEC.  12.  All  actual  and  necessary  expenses  of  the  veterans' 
welfare  finance  committee  and  of  the  members  thereof  shall  be 
paid  out  of  the  fund  into  which  the  proceeds  from  the  sale 
of  said  bonds  shall  be  covered,  upon  approval  of  the  state 
board  of  control  and  on  controller's  warrant  duly  drawn  for 


—  15  — 

that  purpose,  and  shall  constitute  expenses  of  the  veterans' 
welfare   board. 

SEC.  13.  The  state  controller,  the  state  treasurer,  and  the 
veterans'  welfare  finance  committee  shall  keep  full  and  particu- 
lar account  and  record  of  all  their  proceedings  under  this  act, 
and  they  shall  transmit  to  the  governor  an  abstract  of  all  such 
proceedings  thereunder,  with  an  annual  report,  to  be  by  the 
governor  laid  before  the  legislature  biennially;  and  all  books 
and  papers  pertaining  to  the  matter  provided  for  in  this  act 
shall  at  all  times  be  open  to  the  inspection  of  any  party  inter- 
ested, or  the  governor,  or  the  attorney  general,  or  a  committee 
of  either  branch  of  the  legislature,  or  a  joint  committee  of 
both,  or  any  citizen  of  the  state. 

SEC.  14.  This  act,  if  adopted  by  the  people,  shall  take  effect 
on  the  fifteenth  day  of  November,  1922,  as  to  all  its  provisions 
except  those  relating  to  and  necessary  for  its  submission  to 
the  people,  and  for  returning,  canvassing,  and  proclaiming  the 
votes,  and  as  to  said  excepted  provisions  this  act  shall  take 
effect  immediately. 

SEC.  15.  This  act  shall  be  submitted  to  the  people  of  the 
State  of  California  for  their  ratification  at  the  next  general 
election,  to  be  held  in  the  month  of  November,  1922,  and  all 
ballots  at  said  election  shall  have  printed  thereon  and  in  a 
square  thereof,  the  words:  "For  the  veterans'  welfare  bond 
act  of  1921,"  and  in  the  same  square  under  said  words  the  fol- 
lowing in  brevier  type:  ''This  act  provides  for  a  bond  issue  of 
ten  million  dollars  to  be  used  by  the  veterans'  welfare  board 
in  assisting  California  war  veterans  to  acquire  farms  or  homes. ' ' 
In  the  square  immediately  below  the  square  containing  such 
words,  there  shall  be  printed  on  said  ballot  the  words :  '  'Against 
the  veterans'  welfare  bond  act  of  1921,"  and  in  the  same  square 
immediately  below  said  words  "Against  the  veterans'  welfare 
bond  act  of  1921"  in  brevier  type  shall  be  printed  "This  act 
provides  for  a  bond  issue  of  ten  million  dollars  to  be  used  by 
the  veterans '  welfare  board  in  assisting  California  war  veterans 
to  acquire  farms  or  homes."  Opposite  the  words  "For  the 
veterans'  welfare  bond  act  of  1921"  and  "Against  the  veter- 
ans' welfare  bond  act  of  1921,"  there  shall  be  left  spaces  in 
which  the  voters  may  place  a  cross  in  the  manner  required 
by  law  to  indicate  whether  the;/  vote  for  or  against  said  act, 
and  those  voting  for  said  act  shall  do  so  by  placing  a  cross 
opposite  the  words  "For  the  veterans'  welfare  bond  act  of 
1921"  and  those  voting  against  the  said  act  shall  do  so  by 
placing  a  cross  opposite  the  words  "Against  the  veterans' 
welfare  bond  act  of  1921."  The  governor  of  this  state  shall 
include  the  submission  of  this  act  to  the  people,  as  aforesaid, 
in  his  proclamation  calling  for  said  general  election. 

SEC.  16.  The  votes  cast  for  or  against  this  act  shall  be 
counted,  returned  and  canvassed  and  declared  in  the  same 
manner  and  subject  to  the  same  rules  as  votes  cast  for  state 
officers;  and  if  it  appear  that  said  act  shall  have  received  a 
majority  of  all  the  votes  cast  for  and  against  it  at  said  elec- 
tion as  aforesaid,  then  the  same  shall  have  effect  as  herein- 


—  16  — 

before  provided,  and  shall  be  irrepealable  until  the  principal 
and  interest  of  the  liabilities  herein  created  shall  be  paid  and 
discharged,  and  the  governor  shall  make  proclamation  thereof ; 
but  if  a  majority  of  the  votes  cast  as  aforesaid  are  against  this 
act  then  the  same  shall  be  and  become  void. 

SEC.  17.  It  shall  be  the  duty  of  the  secretary  of  state  in 
accordance  with  law  to  have  this  act  published  in  at  least  one 
newspaper  in  each  county,  or  city  and  county,  if  one  be  pub- 
lished therein,  throughout  this  state,  for  three  months  next 
preceding  the  general  election  to  be  holden  in  the  month  of 
November,  1922;  the  costs  of  publication  shall  be  paid  out  of 
the  general  fund,  on  controller's  warrants  duly  drawn  for  that 
purpose  and  shall  be  refunded  to  the  general  fund  out  of  the 
veterans'  welfare  fund  for  land  settlement  and  the  veterans' 
farm  and  home  building  fund  jointly,  each  of  said  funds 
sharing  one-half  of  said  costs.  Said  refund  shall  be  made 
upon  controller's  warrants  duly  drawn  against  said  funds  for 
said  purpose  upon  demands  audited  by  the  state  board  of 
control. 

SEC.  18.  This  act  may  be  known  and  cited  as  the  "  vet- 
erans' welfare  bond  act  of  1921." 

SEC.  19.  All  acts  and  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 

(NOTE.— This  Senate  Bill  will  be  on  the  ballot  at  the  general  election  to 
be  held  November  7,  1922.) 


Senate  Bill  No.  593. 
CHAPTER  579,   STATUTES  1921. 
(By  Senator  Arbuckle.) 

4 

An  act  to  provide  educational  opportunities  for  persons  who 
served  in  the  army,  navy  or  marine  corps  of  the  United 
States  in  time  of  war,  and  making  an  appropriation 
therefor. 

The  people  of  the  State  of  California  do  enact  as  follows: 

SECTION  1.  As  used  in  this  act  the  term  " veteran" 
includes  any  individual  who  has  served  on  active  duty  in  the 
army,  navy  or  marine  corps  of  the  United  States  in  time  of 
war  and  has  received  an  honorable  discharge  therefrom  or  who 
has  been  released  from  active  duty  under  honorable  conditions 
and  who  was,  at  the  time  of  his  enlistment,  induction,  com- 
mission or  drafting,  a  bona  fide  resident  of  the  State  of  Cali- 
fornia, but  does  not  include: 

1.  Any  individual  at  any  time   after  April   5,   1917,   and 
before  November  12,  1918,  or  thereafter  separated  from  such 
forces  under  other  than  honorable  conditions; 

2.  Any  conscientious  objector  who  performed  no  military 
duty  whatever  or  refused  to  wear  the  uniform,  or 

3.  Any  alien  at  any  time  during  such  period  or  thereafter 
discharged  from  the  military  or  naval  forces  on  account  of  his 
alienage. 


—  17  — 

SEC.  2.  There  is  hereby  established  an  educational  insti- 
tution to  be  known  as  the  California  veterans'  educational 
institute,  to  provide  opportunities  for  veterans  to  continue 
their  education,  and  to  be  under  the  management  and  control 
of  the  veterans'  welfare  board  as  created  by  the  California 
veterans'  welfare  act  adopted  at  the  forty-fourth  session  of 
the  legislature  of  the  State  of  California. 

SEC.  3.  Any  veteran  who  desires  to  continue  his  education 
may  apply  for  admission  to  the  institute  and  if,  in  the  opinion 
of  the  board,  the  educational  needs  and  desires  of  the  veteran 
can  be  satisfactorily  met  in  educational  institutions  in  this 
state,  the  board  shall  assume  state  wardship  over  the  educa- 
tion of  such  veteran.  The  board  shall  have  the  power,  within 
its  discretion,  to  provide  educational  counsel  for  students  and 
where  necessary  to  assist  them  in  securing  admission  to  suita- 
ble institutions  of  learning;  provided,  that  private  tuition 
schools  shall  be  chosen  only  when  suitable  opportunity  is  not 
available  in  public  or  semipublic  institutions. 

The  board  shall  also,  within  its  discretion,  and  in  so  far  as 
the  funds  hereinafter  provided  may  permit,  have  power  to 
provide : 

(a)  For  the  payment  of  transportation  charges  once  each 
year  from  the  home  of  the  student  to  and  from  the  institution 
of  learning. 

(&)  For  the  payment  of  tuition  and  other  fees  if  there 
be  such. 

(c)  For  the  purchase  of  necessary  books  and  supplies. 

(d)  For  the  monthly  payment  of  an  allowance  to  cover  all 
or  a  part  of  the  living  expenses  of  the  student  in  an  amount 
which  shall  not  exceed  forty  dollars  per  month  for  each  month 
during  which  the  student  is  in  actual  attendance  upon  a  day 
school,  absence  during  the  month  on  account  of  illness  to  be 
included  as  a  part  of  such  attendance. 

(e)  The  amount  expended  on  account  of  any  one  veteran 
under  the  provisions  of  this  section  shall  not  exceed  one  thou- 
sand dollars. 

(/)  The  board  shall  consider  the  application  of  veterans 
for  admission  to  the  institution  in  the  order  in  which  they  are 
received;  however,  should  the  funds  available  be  insufficient 
to  meet  the  obligations,  should  it  assume  wardship  over  all 
worthy  applicants,  the  board  shall  assume  wardship  over  such 
veterans  as  are  most  urgently  in  need  of  further  education. 

SEC.  4.  The  California  veterans'  welfare  board  shall  have 
power  to  cooperate  and  confer  with  the  duly  authorized 
agencies  of  the  United  States  in  carrying  out  the  provisions 
hereof. 

SEC.  5.  For  the  purpose  of  carrying  out  the  provisions  of 
this  act  the  sum  of  five  hundred  thousand  dollars  is  hereby 
appropriated  out  of  any  money  in  the  state  treasury  not  other- 
wise appropriated.  Three  hundred  thousand  dollars  of  the 
amount  herein  appropriated  shall  be  available  at  the  taking 
effect  of  this  act  and  the  remaining  two  hundred  thousand 
dollars  shall  be  available  on  July  1,  1923. 


—  18  — 

SEC.  6.  Any  veteran  who  has  taken  advantage  of  the  bene- 
fits of  the  veterans'  welfare  act  or  of  the  veterans'  farm  and 
home  purchase  act,  adopted  at  the  forty-fourth  session  of  the 
legislature  of  the  State  of  California,  or  who  has  received  a 
bonus  or  adjusted  compensation  from  this  state,  shall  be  pre- 
cluded from  taking  advantage  of  the  opportunities  offered 
under  the  provisions  of  this  act. 

SEC.  7.  If  any  section,  subsection,  sentence,  clause  or 
phrase  of  this  act  is  for  any  reason  held  to  be  unconstitutional 
such  decision  shall  not  affect  the  validity  of  the  remaining 
portions  of  this  act.  The  legislature  hereby  declares  that  it 
would  have  passed  this  act,  and  each  section,  subsection,  sen- 
tence, clause  and  phrase  thereof  irrespective  of  the  fact  that 
any  one  or  more  sections,  subsections,  sentences,  clauses,  or 
phrases  be  declared  unconstitutional. 


Senate  Bill  No.  594. 

CHAPTER  580,   STATUTES  1921. 
(By  Senator  Arbuckle.) 

An  act  creating  a  veterans'  welfare  board  and  defining  its 
powers  and  duties  and  making  an  appropriation  in  aid  of 
its  operations. 

The  people  of  the  State  of  California  do  enact  as  follows: 

SECTION  1.  This  act  may  be  known  and  cited  as  the  Cali- 
fornia veterans'  welfare  act. 

SEC.  2.  As  used  in  this  act  the  term  "veteran"  includes 
any  individual  who  has  served  on  active  duty  in  the  army, 
navy  or  marine  corps,  of  the  United  States  in  time  of 
war  and  has  received  an  honorable  discharge  therefrom  or 
who  has  been  released  from  active  duty  under  honorable  con- 
ditions and  who  was,  at  the  time  of  his  enlistment,  induc- 
tion, commission  or  drafting,  a  bona  fide  resident  of  the 
State  of  California,  but  does  not  include — 

1.  Any  individual  at   any  time   after  April  5,   1917   and 
before  November  12,  1918  or  thereafter  separated  from  such 
forces  under  other  than  honorable  conditions; 

2.  Any  conscientious  objector  who  performed  no  military 
duty  whatever  or  refused  to  wear  the  uniform,  or 

3.  Any  alien  at  any  time  during  such  period  or  thereafter 
discharged  from  the  military  or  naval  forces  on  account  of 
his  alienage. 

The  object  of  this  act  is  to  provide  useful  employment  and 
the  opportunity  to  acquire  farm  homes  with  profitable  liveli- 
hood on  the  land  for  veterans  and  to  provide  for  cooperation 
of  the  state  with  the  agencies  of  the  United  States  engaged  in 
work  of  a  similar  character. 

SEC.  3.  For  the  purposes  of  this  act  the  "veterans'  wel- 
fare board"  is  hereby  created.  This  board  shall  consist  of 


—  19  — 

five  members  to  be  appointed  by  the  governor  to  hold  office 
for  a  term  of  four  years  and  until  their  successors  have  been 
appointed  and  shall  qualify.  Four  of  such  members  shall 
be  veterans.  Of  the  members  first  appointed  one  shall  be 
appointed  to  hold  office  until  the  first  day  of  January  1922, 
one  until  the  first  day  of  January  1923,  one  until  the  first 
day  of  January  1924  and  two  until  the  first  day  of  January 
1925.  The  governor  shall  designate  one  of  the  veteran  mem- 
bers as  chairman  of  the  board  and  director  of  veterans' 
welfare.  The  secretary  may  or  may  not  be  a  member  of 
the  board. 

Such  expert,  technical  and  clerical  assistance  as  may  prove 
necessary  may  also  be  selected  by  the  board.  The  board 
shall  fix  the  salaries  of  all  employees  with  the  approval  of  the 
state  board  of  control.  Four  members  of  the  board  shall 
receive  a  per  diem  for  each  meeting  attended  and  the  chair- 
man shall  receive  a  salary,  said  per  diem  and  salary  to 
be  fixed  by  the  state  board  of  control,  with  the  approval  of 
the  governor.  The  members  shall  also  receive  their  actual 
necessary  traveling  expenses  in  the  discharge  of  their  duties. 
The  said  veterans'  welfare  board  shall  have  power  to 
cooperate  and  to  contract  with  the  duly  authorized  represen- 
tatives of  the  United  States  government  in  carrying  out  the 
provisions  of  this  act. 

SEC.  4.  The  veterans'  welfare  board  hereinafter  called 
"the  board"  shall  constitute  a  body  corporate  with  the  right 
on  behalf  of  the  state  to  hold  property,  receive  and  request 
donations,  sue  and  be  sued  and  all  other  rights  provided  by 
the  constitution  and  laws  of  the  State  of  California  as  belong- 
ing to  bodies  corporate.  Three  members  of  the  board  shall 
constitute  a  quorum  and  such  quorum  may  exercise  all  the 
power  and  authority  conferred  on  the  board  by  this  act. 

SEC.  5.  For  the  purposes  of  this  act  the  board  may  acquire 
on  behalf  of  the  state  by  purchase,  gift  or  the  exercise  of  the 
power  of  eminent  domain,  all  lands,  water  rights,  and  other 
property  needed  for  the  purposes  hereof  and  may  take  title  in 
trust  and  shall  without  delay  improve,  subdivide,  and  sell  such 
land,  water  rights  and  other  property  with  appurtenances  and 
rights  to  approved  bona  fide  settlers  who  are  veterans;  the 
board  shall  have  the  authority  to  set  aside  for  town  site  pur- 
poses a  suitable  area  purchased  under  the  provisions  of  this 
act  and  to  subdivide  such  area  and  sell  or  lease  to  veterans  or 
others  the  same  for  cash,  or  on  such  terms  as  the  board  may 
see  fit,  in  lots  of  such  size  and  with  such  restrictions  a%  to 
resale  as  they  shall  deem  best;  and  provided,  further,  that 
the  board  shall  have  authority  to  set  aside  and  dedicate  to 
public  use  such  area  or  areas  as  it  may  deem  desirable  for 
roads,  school  houses,  churches  or  other  public  purposes. 

SEC.  6.  Whenever  the  board  believes  that  private  land 
should  be  purchased  for  settlement  under  this  act  it  shall  give 
notice  by  publication  in  one  or  more  newspapers  of  general 
circulation  in  this  state  setting  forth  approximately  the  area 
and  character  of  the  land  desired  and  the  conditions  that  shall 


—  20  — 

govern  the  proposed  purchase  and  inviting  owners  of  land 
willing  to  enter  into  a  contract  of  sale  on  the  conditions  pro- 
posed to  submit  such  land  for  inspection. 

SEC.  7.  Within  thirty  days  thereafter  the  board  shall  direct 
an  officer  or  officers  in  its  employ  or  one  or  more  persons  who 
may,  at  its  request,  be  designated  by  the  dean  of  the  college  of 
agriculture  of  the  University  of  California,  to  inspect  and 
report  on  all  tracts  of  laud  suitable  for  closer  settlement  which 
are  so  submitted. 

SEC.  8.  The  board  shall  give  not  less  than  one  week  ?s  notice 
of  the  approximate  date  when  tracts  submitted  will  be  inspected 
and  every  report  of  such  inspection  shall  as  far  as  practicable 
specify : 

(a)   The  situation  and  brief  description  thereof. 

(&)  Extent  and  situation  of  land  comprising  formation  of 
any  tract  as  is  proposed  to  acquire. 

(c)  Names  and  addresses  of  the  owners  thereof. 

(d)  Character  of  water  rights. 

(e)  Nature  of  improvements. 
(/)   Crops  being  grown  on  land. 

(g)  Appraisement  of  value  of  land,  water  rights  and 
improvements. 

SEC.  9.  On  receiving  the  reports  of  all  the  land  examined 
the  board  shall  decide  which  of  the  areas  is  best  suited  for  the 
purposes  of  the  act.  Before  so  deciding  the  board  may 
examine  the  land  or  it  may  employ  one  or  more  competent 
valuers  to  fix  the  productive  value  of  the  land  and  report  the 
same  in  writing.  The  owner  or  his  agent  may  give  evidence  as 
to  its  value. 

SEC.  10.  If,  from  the  evidence  submitted,  or  from  the 
results  of  its  personal  inspection,  the  board  is  satisfied  that 
one  or  more  of  the  tracts  submitted  are  suited  to  intensive 
closer  settlement  and  can  be  acquired  at  a  reasonable  price  it 
shall  submit  to  the  governor  its  report  giving  the  reasons  for 
recommending  the  purchase  and  on  the  approval  of  the  gover- 
nor the  board  shall  be  authorized  to  purchase  the  same;  pro- 
vided, that  before  such  purchase  is  made  the  attorney  general 
shall  approve  the  title  .of  such  lands  and  any  water  rights  appur- 
tenant thereto  and  the  state  water  commission  shall  certify  in 
writing  as  to  the  sufficiency  of  any  water  rights  to  be  conveyed. 

SEC.  11.  All  sales  to  settlers  of  land  under  this  act  shall 
be  made  upon  such  terms  and  conditions  as  shall  give  to  the 
board  full  control  of  any  subdivisions  thereof  until  all  moneys 
advanced  by  the  state  for  the  purchase,  improvements  or  equip- 
ment of  such  subdivisions  are  fully  repaid  together  with 
interest  thereon  as  herein  provided. 

SEC.  12.  Immediately  upon  taking  possession  of  any  land 
purchased  as  above  or  otherwise  obtained  and  after  deducting 
any  area's  to  be  set  aside  for  town  sites  or  public  purposes  in 
accordance  with  section  five  of  this  act  the  board  shall  subdi- 
vide it  into  areas  suitable  for  farms  and  farm  laborer's  allot- 


—  21  — 

ments  and  lay  out  and  wherever  necessary  construct  roads, 
ditches  and  drains  for  giving  access  to  and  insuring  proper 
cultivation  for  the  several  farms  and  farm  laborer's  allotments. 
The  board,  prior  to  disposing  of  it  to  settlers  or  at  any  time 
after  such  land  has  been  disposed  of  but  not  after  the  end  of 
the  fifth  year  from  the  commencement  of  the  term  of  the 
settlers'  purchase  contract  may 

(a)  Prepare  all  or  any  part  of  such  land  for  irrigation  and 
cultivation. 

(6)  Seed,  plant  and  fence  such  land  and  cause  dwelling 
houses  and  outbuildings  to  be  erected  on  any  farm  allotment 
and  make  any  improvements  not  specified  above  necessary  to 
render  the  allotment  profitable  and  productive  in  advance  of 
and  after  settlement,  the  total  cost  to  the  board  of  such  dwell- 
ing and  outbuildings  and  improvements  not  to  exceed  five 
thousand  dollars  on  any  one  farm  allotment. 

(c)  Cause   cottages  to  be   erected   on   any  farm  laborer's 
allotment  and  provide  a  domestic  water  supply.     The  combined 
cost  to  the  board  of  the  cottage  and  water  supply  not  to  exceed 
one  thousand  five  hundred  dollars  on  any  one  farm  laborer's 
allotment. 

(d)  Make  loans  not  to  exceed  three  thousand  dollars  to  any 
one  settler  for  the  purchase  of  necessary  live  stock  and  equip- 
ment such  loans  to  be  secured  in  any  manner  that  the  board 
may  direct  or  without  security  other  than  the  personal  obliga- 
tion of  the  settler. 

SEC.  13.  Authority  is  hereby  granted  to  the  board  where 
deemed  desirable  to  operate  and  maintain  any  irrigation  works, 
constructed  to  serve  any  lands  purchased  and  sold  under 
the  provisions  of  this  act.  All  moneys  received  in  tolls  or 
charges  for  the  operation  and  maintenance  of  any  works  or 
for  any  water  supplied  therefrom  shall  be  deposited  in  the 
veterans'  welfare  fund  for  land  settlement  created  by  this 
act  and  shall  become  available  for  the  payment  of  any  charges 
or  expenses  authorized  in  this  act  to  be  paid  from  said 
veterans'  welfare  fund  for  land  settlement. 

SEC.  14.  After  the  purchase  of  land  by  the  board  under 
the  provisions  of  this  act  and  before  its  disposal  to  approved 
bona  fide  applicants  the  board  shall  have  authority  to  lease 
such  land  or  a  part  thereof  on  bonded  or  secured  leases  on 
such  terms  as  it  shall  deem  fit. 

SEC.  15.  Lands  disposed  of  under  this  act  other  than  land 
set  aside  for  town  sites  or  public  purposes  shall  be  sold  either 
as  farm  allotments  each  of  which  shall  have  a  value  not 
exceeding,  without  improvements,  fifteen  thousand  dollars,  or 
as  farm  laborer's  allotments  each  of  which  shall  have  a  value 
not  exceeding  without  improvements  one  thousand  dollars. 

Before  any  part  of  an  area  is  thrown  open  for  settlement 
there  shall  be  such  notice  thereof  given  once  a  week  for  four 
weeks  in  one  or  more  daily  newspapers  of  general  circulation 
in  the  State  of  California  setting  forth  the  number  and  size 
of  farm  allotments  or  farm  laborer's  allotments  or  both,  the 


—  22  — 

price  at  which  they  are  offered  for  sale,  the  mode  of  payment 
and  such  other  particulars  as  the  board  may  think  proper  and 
specifying  a  definite  period  within  which  applications  there- 
for shall  be  filed  with  the  board  on  forms  provided  by  the 
board.  The  board  shall  have  the  right  in  its  uncontrolled  dis- 
cretion to  reject  any  and  all  applications  it  may  see  fit  and  may 
readvertise  as  aforesaid  as  often  as  it  sees  fit  until  it  receives 
and  accepts  such  number  of  applications  as  it  may  deem 
necessary.  If  no  applications  satisfactory  to  the  board  are 
received  for  any  farm  allotment  or  farm  laborer's  allotment 
following  such  advertising  the  board,  at  any  time  prior  to 
readvertising,  may  sell  to  a  veteran  any  such  farm  allotment 
or  farm  laborer's  allotment  at  the  price  at  which  they  were  so 
offered  for  sale  without  the  necessity  of  readvertising.  The 
board  shall  also  have  the  power  in  dealing  with  any  such  farm 
allotment  or  farm  laborer's  allotment  for  which  there  has  been 
no  such  application  satisfactory  to  the  board  to  subdivide  or 
amalgamate  any  one  or  more  of  such  allotments  as  it  may  see 
fit  and  fix  the  price  thereon;  provided.,  that  the  limitation  of 
fifteen  thousand  dollars  for  a  farm  allotment  and  one  thou- 
sand dollars  for  the  farm  laborer 's  allotment,  as  in  this  section 
set  forth  are  not  violated.  Such  subdivision  or  amalgamation 
may  be  had  without  the  necessity  or  readvertising.  The  board 
may  also  sell  at  public  auction  under  such  conditions  of  sale 
and  notice  thereof  as  the  board  may  prescribe  any  areas  which 
the  board  may  determine  are  not  suitable  for  farm  allotments 
or  farm  laborer's  allotments;  provided,  if  such  area  has  been 
included  in  such  a  farm  allotment  or  farm  laborer 's  allotment, 
then  such  sale  at  public  auction  can  be  made  only  after  a 
failure  to  receive  any  application  satisfactory  to  the  board 
after  the  advertising  thereof  as  required  by  the  terms  of  this 
section. 

SEC.  15a.  The  selling  prices  of  the  several  allotments 
into  which  lands  purchased  under  this  act  are  subdivided, 
other  than  those  set  aside  for  townsite  and  public  purposes, 
shall  be  fixed  by  the  board,  so  as  to  render  such  allotments 
as  nearly  as  possible  equally  attractive,  and  calculated  to 
return  to  the  state  the  original  cost  of  the  land,  together  with 
a  sufficient  sum  added  thereto  to  cover  all  expenses  and  costs 
of  surveying,  improving,  subdividing,  and  selling  such  lands, 
including  the  payment  of  interest,  and  all  costs  of  engineer- 
ing, superintendence,  and  administration,  including  the  cost 
of  operating  any  works  built,  directly  chargeable  to  such  land, 
and  also  the  price  of  so  much  land  as  shall  on  subdivision  be 
used  for  roads  and  other  public  purposes,  and  also  such  sum 
as  shall  be  deemed  necessary  to  meet  unforeseen  contingencies. 

SEC.  16.  Any  veteran  who  is  not  the  holder  of  agricul- 
tural land  or  possessory  rights  thereto  to  the  value  of  fifteen 
thousand  dollars  and  who,  by  this  purchase  would  not  become 
the  holder  of  agricultural  land  or  possessory  rights  thereto 
exceeding  such  value,  and  who  is  prepared  to  enter  within 
six  months  upon  actual  occupation  of  the  land  acquired,  may 
apply  for  and  become  the  purchaser  of  either  a  farm  allot- 


—  23  — 

merit  or  a  farm  laborer's  allotment;  provided,  that  no  more 
than  one  farm  allotment  or  more  than  one  farm  laborer's 
allotment  shall  be  sold  to  any  one  person;  provided,  further, 
that  no  applicant  shall  be  approved  who  shall  not  satisfy  the 
board  as  to  his  or  her  fitness  successfully  to  cultivate  and 
develop  the  allotment  applied  for.  In  any  such  sales  prefer- 
ence must  be  given  to  veteran  trainees  in  agriculture,  under 
the  provisions  of  the  vocational  rehabilitation  act  of  congress, 
approved  June  27,  1918,  and  all  acts  amendatory  thereof  or 
supplemental  thereto,  or  to  veterans  who  were  wounded  or 
disabled  while  a  member  of  the  military  or  naval  forces  of  the 
United  States,  and  who  are  otherwise  qualified  by  experience. 

SEC.  17.  Every  approved  applicant  shaU'enter  into  a  con-. 
tract  of  purchase  with  the  board  the  terms  of  which  shall  be 
determined  by  the  board.  Such  applicant  shall,  if  required, 
by  the  board  enter  into  an  agreement  to  apply  for  a  loan  from 
the  federal  land  bank  under  provisions  of  the  federal  farm 
loan  act.  for  an  amount  to  be  fixed  by  the  board  and  shall 
pay  the  board  the  amount  of  any  loan  so  made  as  a  partial 
payment  on  such  land  and  improvements.  The  balance  due 
on  the  land  shall  be  paid  in  amortizing  payments  extending 
over  a  period  to  be  fixed  by  the  board  not  exceeding  forty  years 
together  with  interest  thereon  at  the  rate  of  five  per  cent  per 
annum  compounded  at  periods  to  be  fixed  by  the  board; 
the  amount  due  on  improvements  shall  be  paid  in  amortiz- 
ing payments  extending  over  a  period  to  be  fixed  by  the 
board  not  exceeding  twenty  years  together  with  interest  at 
the  rate  of  five  per  cent  per  annum  compounded  at  periods 
to  be  fixed  by  the  board ;  the  repayments  of  loans  shall  extend 
over  a  period  to  be  fixed  by  the  board  not  exceeding  five  years ; 
provided,  however,  in  each  case,  that  the  settler  shall  have  the 
right  on  installment  date  to  pay  any  or  all  installments  still 
remaining  unpaid;  provided,  further,  that  the  board  may  in 
any  individual  case  postpone  from  time  to  time  the  whole 
or  any  portion  of  any  payment,  initial  or  otherwise,  of  prin- 
cipal or  interest,  on  account  of  land  improvements  or  loans, 
upon  such  terms  as  the  board  may  determine  proper. 

SEC.  18.  Every  contract  entered  into  between  the  board  and 
an  approved  purchaser  shall  contain  among  other  things  pro- 
visions that  the  purchaser  shall  cultivate  the  land  in  a  manner 
to  be  approved  by  the  board  and  shall  keep  in  good  order  and 
repair  all  buildings,  fences  and  other  permanent  improvements 
situated  on  his  allotment,  reasonable  wear  and  tear  and  damage 
by  fire  excepted.  Each  settler  shall,  if  required,  insure  and 
keep  insured  against  fire  all  buildings  on  his  allotment,  the 
policies  therefor  to  be  made  out  in  favor  of  the  board  and  to 
be  in  such  amount  or  amounts  and  in  such  insurance  companies 
as  may  be  prescribed  by  the  board. 

The  board  shall  have  power  in  its  own  name  to  insure  and 
keep  insured^  against  fire  and  such  other  risks  as  the  board 
may  determine,  all  buildings  or  other  improvements  on 
any  of  the  lands  under  the  control  of  the  board.  The  board 
shall  likewise  have  the  power  in  any  contract  of  purchase  under 


—  24  — 

which  the  board  purchases  lands  as  authorized  in  this  act, 
to  provide  for  the  return  by  the  board  to  the  owner  so  selling 
to  the  state  of  any  insurance  premium  or  taxes  which  may 
have  been  paid  on  said  property  by  such  owner  or  for  which 
such  owner  may  have  become  obligated  to  pay. 

SEC.  19.  No  allotment  sold  under  the  provisions  of  this 
act  shall  be  transferred,  assigned,  mortgaged,  or  sublet  in 
whole  or  in  part,  without  the  consent  of  the  board  given  in 
writing,  until  the  settler  has  paid  for  his  farm  allotment  or 
farm  laborer's  allotment  in  full  and  complied  with  all  of  the 
terms  and  conditions  of  his  contract  of  purchase. 

SEC.  20.  In  the  event  of  a  failure  of  a  settler  to  comply 
with  any  of  the  &rms  of  his  contract  of  purchase  and  agree- 
ment with  the  board,  the  state  and  the  board  shall  have  the 
right  at  its  option  to  cancel  the  said  contract  of  purchase  and 
agreement  and  thereupon  shall  be  released  from  all  obligation 
in  law  or  equity  to  convey  the  property  and  the  settler  shall 
forfeit  all  right  thereto  and  all  payments  theretofore  made 
shall  be  deemed  to  be  rental  paid  for  occupancy.  The  board 
may  require  of  the  settler  such  mortgage  or  deed  of  trust  or 
other  instrument  as  may  be  necessary  under  the  terms  and 
conditions  of  the  contract  of  purchase  in  order  to  adequately 
protect  and  secure  the  board.  There  may  be  included  in  such 
contract  of  purchase,  mortgage,  deed  of  trust  or  other  instru- 
ment any  conditions  with  reference  to  sale  of  the  property 
or  reconveyance  back  to  the  board  or  notice  of  such  sale  or 
reconveyance  as  may  in  the  discretion  of  the  board  be  required 
to  be  so  included  in  such  contract  of  purchase,  mortgage,  deed 
of  trust  or  other  instrument,  in  order  to  so  adequately  protect 
the  said  board  in  the  premises.  The  failure  of  the  board 
or  of  the  state  to  exercise  any  option  to  cancel,  or  other  privi- 
lege under  the  contract  of  purchase  for  any  default  shall  not 
be  deemed  as  a  waiver  of  the  right  to  exercise  the  option  to 
cancel  or  other  privilege  under  the  contract  of  purchase  for 
any  default  thereafter  on  the  settler's  part.  But  no  forfeiture 
so  occasioned  by  default  on  the  part  of  the  settler  shall  be 
deemed  in  any  way,  or  to  any  extent,  to  impair  the  lien  and 
security  of  the  mortgage  or  trust  instrument  securing  any 
loan  that  it  may  have  made  as  in  this  act  provided.  The  board 
shall  have  the  right  and  power  to  enter  into  a  contract  of 
purchase  for  the  sale  and  disposition  of  any  land  forfeited  as 
above  provided,  because  of  default  on  the  part  of  a  settler,  and 
this  right  may  be  exercised  indefinitely  without  the  necessity 
of  advertising. 

If  illness  or  accident  prevents  a  settler  from  cultivating 
his  land  or  harvesting  any  crop  or  crops  growing  thereon, 
the  board  may  cultivate  the  land  or  cause  it  to  be  cultivated, 
or  harvest,  or  cause  to  be  harvested  the  crop  or  crops  growing 
thereon.  In  such  event  the  board  may  sell  such  crop  or  crops 
so  harvested.  Out  of  the  proceeds  of  such  sale  or  sales  the 
board  may  reimburse  itself  for  any  expense  which  it  may 
have  incurred  in  the  cultivation  of  the  land,  the  harvesting 
of  the  crops  and  the  sale  thereof,  and  retain  any  moneys  due  to 


25  

the  board  from  the  settler,  and  the  balance,  if  any,  shall  be 
paid  by  the  board  to  the  settler. 

SEC.  21.  Actual  residence  on  any  allotment  sold  under  the 
provisions  of  this  act  shall  commence  within  six  months  from 
the  date  of  the  approval  of  the  application  and  shall  continue 
for  at  least  eight  months  in  each  calendar  year  for  at  least 
five  years  from  the  date  of  the  approval  of  the  said  applica- 
tion, unless  prevented  by  illness  or  some  other  cause  satisfac- 
tory to  the  board ;  provided,  that  in  case  any  allotment  disposed 
of  under  this  act  is  returned  to  and  resold  by  the  state,  the 
time  of  residence  of  the  preceding  purchaser  may  in  the  dis- 
cretion of  the  board  be  credited  to  the  subsequent  purchaser. 

SEC.  22.  The  power  of  eminent  domain  shall  be  exercised 
by  the  state  at  the  request  of  the  board  for  the  condemnation 
of  water  rights  and  rights  of  way  for  roads,  canals,  ditches, 
dams  and  reservoirs,  necessary  or  desirable  for  carrying  out 
the  provisions  of  this  act,  and  on  request  of  the  board  the 
attorney  general  shall  bring  the  necessary  and  appropriate 
proceedings  authorized  by  law  for  such  condemnation  of  said 
water  rights  or  rights  of  way,  and  the  cost  of  all  water  rights 
or  rights  of  way  so  condemned  shall  be  paid  out  of  the 
veterans'  welfare  fund  for  land  settlement  hereinafter 
provided  for.  The  board  shall  have  full  authority  to  appro- 
priate water  under  the  laws  of  the  state  when  such  appropria- 
tion is  necessary  or  desirable  for  carrying  out  the  purposes 
of  this  act. 

SEC.  23.  For  the  purpose  of  carrying  out  the  provisions 
of  this  act  the  sum  of  one  million  dollars  is  hereby  appropriated 
out  of  any  money  in  the  state  treasury  not  otherwise  appro- 
priated. Of  this  amount  the  sum  of  nine  hundred  fifty  thou- 
sand dollars  shall  constitute  a  revolving  fund  to  be  known  as 
veterans'  welfare  fund  for  land  settlement  which  is  calcu- 
lated to  be  returned  to  the  state  within  a  period  of  fifty 
years  from  the  effective  date  of  this  act  with  interest  at  the 
rate  of  four  per  cent  per  annum  on  so  much  thereof  as  shall 
be  withdrawn  from  said  veterans'  welfare  fund  for  land 
settlement,  from  the  date  of  withdrawal  until  returned  into 
said  veterans'  welfare  fund  for  land  settlement,  or  until 
returned  into  the  general  fund  in  the  state  treasury,  as  the 
case  may  be;  provided,  that  in  the  event  of  the  sale  of  any 
bonds  which  may  be  hereafter  authorized  to  be  issued  to  create 
a  fund  to  be  expended  in  accordance  with  the  provisions  of  this 
act,  then  and  in  that  event  the  sum  of  nine  hundred  fifty  thou- 
sand dollars  hereby  appropriated  shall  be  returned  into  the 
general  fund  in  the  state  treasury  from  the  proceeds  of  the  sale 
of  such  bonds.  The  remaining  fifty  thousand  dollars  shall 
constitute  a  fund  available  for  the  payment  of  administrative 
expenses  alone  until  such  time  as  other  moneys  are  available 
for  such  purposes  from  the  sales  of  land  as  provided  for  in 
this  act. 

The  state  controller  is  authorized  and  directed  to  draw  war- 
rants upon  such  funds  from  time  to  time  upon  requisition  of 
the  board  approved  by  the  state  beard  of  control  and  the  state 


—  26  — 

treasurer  is  hereby  authorized  and  directed  to  pay  such  war- 
rants. 

SEC.  24.  The  state  board  of  control  is  hereby  authorized  to 
provide  for  advances  of  money  to  the  board  needed  to  meet  con- 
tingent expenses  to  such  an  amount  not  exceeding  twenty-five 
thousand  dollars  as  the  said  board  of  control  shall  deem 
necessary,  which  advances  shall  be  administered  as  a  revolv- 
ing fund  or  revolving  funds. 

SEC.  25.  The  money  paid  by  settlers  on  lands,  improve- 
ments, or  in  the  repayment  of  advances,  shall  be  deposited  in 
the  veterans'  welfare  fund  for  land  settlement  and  be 
available  under  the  same  conditions  as  the  original  appropria- 
tion. 

SEC.  26.  The  board  shall  have  authority  to  make  all  needed 
rules  and  regulations  for  carrying  out  the  provisions  of  this  act. 

SEC.  27.  The  board  is  hereby  authorized  to  investigate 
soldiers'  land  settlement  conditions  in  California  and  else- 
where and  to  submit  recommendations  for  such  legislation  as 
may  be  deemed  by  it  necessary  or  desirable.  The  board  shall 
render  an  annual  report  to  the  governor  and  a  copy  thereof  to 
the  secretary  of  the  interior  which  report  shall  be  filed  and 
printed  as  required  by  sections  three  hundred  thirty-two,  three 
hundred  thirty-three,  three  hundred  thirty-four,  three  hundred 
thirty-six  and  three  hundred  thirty-seven  of  the  Political  Code 
with  the  exception  that  they  shall  be  so  filed  annually  instead 
of  biennially  as  provided  in  such  sections.  Except  as  herein 
otherwise  provided  no  land  acquired  under  the  provisions  of 
this  act  shall  in  any  event  become  liable  for  any  debt  contracted 
prior  to  the  issuance  of  a  deed  by  the  board  therefor. 

SEC.  28.  The  board  shall,  as  far  as  possible,  utilize  tlie  serv- 
ices of  veterans  in  administrative  and  other  work  for  the  pur- 
poses of  carrying  out  the  provisions  of  this  act.  Nothing 
contained  in  that  certain  act  entitled,  "An  act  to  provide 
for  a  general  system  based  upon  investigation  as  to  merit, 
efficiency  and  fitness,  for  appointment  to  and  holding  during 
good  behavior  of  office  and  employment  under  state  authority 
and,  in  that  behalf,  to  create  a  state  civil  service  commission, 
to  prescribe  its  powers  and  duties,  to  make  the  willful  viola- 
tion of  the  provisions  of  this  act  a  misdemeanor,  to  repeal 
all  acts  and  parts  of  acts  inconsistent  herewith  in  so  far  as 
they  may  be  inconsistent  with  the  provisions  of  this  act,  and 
to  make  an  appropriation  therefor,"  approved  June  16,  1913, 
or  in  any  acts  amendatory  thereof  or  supplementary  thereto, 
or  in  any  other  act  or  acts  whatsoever,  shall  limit  the  power 
of  the  board  to  utilize  the  services  of  veterans  in  administra- 
tive and  other  work,  for  the  purpose  of  carrying  out  the  pro- 
visions of  this  act. 

SEC.  29.  Any  veteran  who  has  taken  advantage  of  the 
benefits  of  the  veterans'  farm  and  home  purchase  act  adopted 
at  the  forty-fourth  session  of  the  legislature  of  the  State  of 
California  shall  be  precluded  from  taking  advantage  of  the 
opportunities  offered  under  the  provisions  of  this  act. 


27  

SEC.  30.  It  is  hereby  made  the  duty  of  all  state,  county, 
city  and  county  officials  to  furnish  and  give  all  required  infor- 
mation to  the  veterans'  welfare  board,  upon  request,  and  shall 
further  assist  said  board  in  any  manner  in  accordance  with 
law  and  without  charge  therefor. 

SEC.  31.  If  any  section,  subsection,  sentence,  clause  or 
phrase  of  this  act  is  for  any  reason  held  to  be  unconstitutional, 
such  decision  shall  not  affect  the  validity  of  the  remaining 
portions  of  this  act.  The  legislature  hereby  declares  that  it 
would  have  passed  this  act,  and  each  section,  subsection,  sen- 
tence, clause  and  phrase  thereof  irrespective  of  the  fact  that 
any  one  or  more  sections,  subsections,  sentences,  clauses,  or 
phrases  be  declared  unconstitutional. 


Senate  Bill  No.  935. 

CHAPTER  348,  STATUTES  1921. 
(By  Senator  Irwin.) 

An  act  to  add  a  new  section  to  the  Political  Code,  to  be 
numbered  four  thousand  forty -one  f,  providing  for  homes 
and  meeting  places  for  veterans  and  associations  of 
veterans. 

The  people  of  the  State  of  California  do  enact  as  follows : 

SECTION  1.  A  new  section  is  hereby  added  to  the  Political 
Code  to  be  numbered  four  thousand  forty-one  /,  and  to  read 
as  follows: 

4041/.  Any  county  may  provide  and  maintain  (1)  a  home 
or  homes  for  veteran  soldiers,  sailors  and  marines  who  have 
served  the  United  States  honorably  in  any  of  its  wars;  (2) 
buildings,  memorial  halls,  or  meeting  places  for  the  use  of 
patriotic,  fraternal  and  benevolent  associations  of  such  per- 
sons. For  these  purposes  the  board  of  supervisors  of  any 
county  shall  have  jurisdiction  and  power: 

(a)  To  purchase,  receive  by  donation,  take  by  condemna- 
tion, lease  or  otherwise  acquire,  real  or  personal  property 
necessary  for  such  building  or  buildings,  and  to  improve, 
preserve,  take  care  of,  manage  and  control  the  same. 

(&)  To  purchase,  construct  or  lease,  build  or  rebuild,  fur- 
nish or  refurnish,  or  repair  any  and  all  such  buildings,  and 
to  provide  all  necessary  custodians,  employees,  attendants  and 
supplies  for  the  proper  maintenance  of  the  same. 

(c)  To  levy  in  any  year  a  special  tax  not  to  exceed  three 
mills  on  the  one  dollar  of  assessed  valuation  on  all  the  tax- 
able property  in  the  county,  such  tax  to  be  in  addition  to 
all  other,  taxes  provided  for  and  the  fund  so  created  to  be 
expended  for  the  purposes  hereof. 

(d)  To  establish  a  fund  or  funds  for  the  purposes  hereof 
and   to   transfer    from   the    general   fund   to    such   fund   or 


—  28  — 

funds,  from  time  to  time,   such  mdneys   as  the  board  may 
deem  necessary. 

(e)  To  incur,  in  the  manner  provided  by  law,  a  bonded 
indebtedness  on  behalf  of  the  county  for  any  of  the  purposes 
hereof. 


Senate  Bill  No.  976. 

CHAPTER  349,  STATUTES  1921. 
(By  Senator  Rigdon.) 

An  act  to  amend  section  three  thousand  eight  hundred  ninety  - 
eight  of  the  Political  Code  and  to  add  two  new  sections 
thereto  to  be  numbered  three  thousand  eight  hundred  ninety- 
seven  a  and  three  thousand  eight  hundred  ninety-eight  a, 
relating  to  the  sale  of  lands  purchased  by  the  state  for 
delinquent  taxes  and  making  the  proceeds  thereof  available 
for  vocational  education  of  dependents  of  veterans. 

The  people  of  the  State  of  California  do  enact  a>s  follows: 

SECTION  1.  A  new  section  is  hereby  added  to  the  Political 
Code  to  be  numbered  three  thousand  eight  hundred  ninety- 
seven  a  and  to  read  as  follows : 

3897a.  When,  in  his  opinion,  it  would  be  for  the  best  inter- 
est of  the  state  to  sell  any  or  all  parcels  of  the  tax  deeded 
lands  of  any  county,  it  shall  be  the  duty  of  the  controller  to 
provide  for  listing  and  a  classification  of  any  or  all  such  lands 
and  direct  the  tax  collector,  with  the  consent  of  the  board  of 
supervisors,  to  proceed  to  arrange  for  the  sale  as  provided  for 
in  the  preceding  section.  The  notice  shall  be  given  by  post- 
ing or  publication  as  required  by  section  three  thousand  eight 
.hundred  ninety-seven  of  this  code.  All  expenses  of  the  sale 
are  to  become  a  charge  against  the  property  to  be  sold  and 
no  redemption  can  be  made  under  section  three  thousand  eight 
hundred  seventeen  of  this  code  without  including  also  that 
proportional  cost  of  the  sale  resting  upon  the  certain  lot  or 
parcel  to  be  redeemed.  In  any  case  in  which  no  sale  is  made, 
the  cost  thereof  shall  be  charged  and  paid  out  of  the  receipts 
from  the  sale,  the  state  and  county  to  bear  each  its  propor- 
tional share  to  be  determined  by  the  ratio  the  state  rate  bears 
to  the  city  or  county  rate  of  taxation. 

SEC.  2.  Section  three  thousand  eight  hundred  ninety-eight 
of  said  code  is  hereby  amended  to  read  as  follows : 

3898.  1.  The  moneys  received  from  such  sale  shall  be  dis- 
tributed as  follows :  The  tax  collector  shall  deduct  the  penal- 
ties, costs  and  other  amounts  received  as  expenses  of  such  sale 
in  such  cases  as  the  property  so  sold  shall  have  been  sold  for 
a  sum  not  less  than  the  amount  of  all  taxes  levied  thereon  and 
all  interest,  costs,  penalties  and  expenses  up  to  the  date  of 
such  sale,  but  where  the  property  so  sold  shall  have  been  sold 
for  a  sum  less  than  said  amount,  the  tax  collector  shall  deduct 


9Q 

~™      — .  '      "" 

only  the  amounts  received  as  expenses  attending  such  sale, 
and  the  balance  shall  be  distributed  between  the  state  and  the 
county,  or  city  and  county,  in  the  proportion  that  the  state 
rate  bears  to  the  county,  or  city  and  county,  rate  of  taxation ; 
said  tax  collector  shall  pay  all  amounts  into  the  county  treas- 
ury, and  the  treasurer  shall  account  to  the  state  for  its  portion 
in  the  settlement  required  by  section  three  thousand  eight 
hundred  sixty-five  and  section  three  thousand  eight  hundred 
sixty-six.  The  state's  portion  from  such  sales  shall  be  paid 
into  the  state  treasury  to  the  credit  of  the  tax  land  fund, 
which  fund  is  hereby  created. 

2.  On  receiving  the  amount  bid,  as  prescribed  in  the  preced- 
ing section,  the  tax  collector  must  execute  a  deed  to  the  pur- 
chaser, which  deed  shall  be  in  substance  and  may  be  in  form 
as  follows : 

"This  indenture,  made  the day  of ,  19 , 

between ,  tax  collector  of  the  county  of 

,  State  of  California,  first  party,  and 

of  the  county  of ,  State 

of ,  second  party,  witnesseth: 

That  whereas  the  real  property  hereinafter  described  was 
duly  sold  and  conveyed  to  the  State  of  California  for  the  non- 
payment of  taxes  which  had  been  legally  levied  and  which 
were  a  lien  upon  said  property  under  and  in  accordance  with 
law;  and 

Whereas  in  conformity  with  law  the  State  of  California, 

acting  by  and  through ,  tax  collector  as 

aforesaid,  did  offer  said  property,  hereinafter  described,  for 
sale  at  public  auction  to  the  highest  bidder,  at  which  sale  said 
second  party  became  the  purchaser  of  the  whole  thereof  for 
the  sum  of  $ 

Now,  therefore,  the  said  first  party  in  consideration  of  the 
premises  and  in  pursuance  of  the  statute  in  such  case  made 
and  provided,  does  hereby  grant  to  the  said  second  party,  his 
heirs  and  assigns,  that  certain  real  property  hereinbefore 

referred  to,  and  situate  in  the county  of , 

State  of  California,  more  particularly  described  as  follows, 

to  wit: 

****** 

In  witness  whereof,  said  first  party  has  hereunto  set  his 
hand  the  day  and  year  first  above  written. 


Tax  collector  of  the  county  of. 


No  other  matters  need  be  recited  in  the  said  deed  than 
those  provided  for  in  the  above  form.  No  charge  shall  be 
made  by  the  tax  collector  for  the  making  of  any  such  deed, 
and  the  acknowledgment  of  all  such  deeds  shall  be  taken  by 
the  county  clerk  free  of  charge.  Said  deed  shall  be  prima 
facie  evidence  of  all  the  facts  recited  therein  and  shall  operate 
to  convey  all  of  the  interest  of  the  state  in  and  to  said 
property. 


—  30  — 

3.  Within  ten  days  after  each  sale  as  provided  in  the  pre- 
ceding section  the  tax  collector  shall  report  to  the  assessor  and 
recorder,  giving  the  name  or  names  of  all  persons  to  whom 
deeds  have  been  issued  under  the  provisions  of  this  section, 
together  with  the  dates  of  such  deeds,  the  amount  for  which 
the  property  was  sold,  a  description  of  the  property  conveyed, 
together  with  the  numbers  and  dates  of  the  certificates  of  sale 
and  of  the  tax  deeds  by  which  title  to   such  property  so 
granted  was  conveyed  to  the  state. 

4.  The  recorder  shall  note  on  the  margin  of  each  certificate 
of  sale  and  of  each  tax  deed  involved  in  the  sale  and  transfer 
of  such  property,  the  name  of  the  purchaser,  the  date  of  the 
deed  to  the  purchaser  and  the  consideration  named  therein. 
The  assessor  shall  use  such  report  in  his  determination  of  the 
ownership  of  such  property  for  assessment  purposes. 

5.  (a)   Whenever  in  any  action  at  law,  it  has  been  or  shall 
be  determined  by  a  court  that  the  sale  and  conveyance  pro- 
vided for  in  this  and  the  preceding  section  or  in  section  three 
thousand  seven  hundred  seventy-one  of  this  code  heretofore 
or  hereafter  made  are  void  for  any  reason,  and  that  the  pur- 
chaser from  the  state  may  not  be  finally  awarded  the  property 
so  purchased,  no  decree  of  the  court  shall  be  given  declaring 
a  forfeiture  of  the  property  until  the  former  owner,  or  other 
party  in  interest,  shall  have  repaid  to  the  purchaser  the  full 
amount  of  taxes,  penalties  and  costs  paid  out  and  expended 
by  him,  to  be  determined  by  the   court,   in  pursuit  of  the 
state's  title  to  the  property  so  sold.     The  said  purchaser  may 
within  one  year  after  such  decree  becomes  final  also  present 
a  claim  against  the  county,  in  the  manner  provided  by  law, 
for  a  refund  of  the  amount  paid  into  the  county  treasury  as 
the  purchase  price  of  such  property  in  excess  of  the  amount 
for  which  he  may  have  been  reimbursed  for  taxes,  penalties 
and  costs  as  herein  provided,  and  such  excess  shall  be  refunded 
in  accordance  with  section  three  thousand  eight  hundred  four 
of  this  code. 

(b)  Whenever  it  shall  be  determined  to  the  satisfaction  of 
the  board  of  supervisors  of  the  county  in  which  the  land  is 
situated  that  any  land  belonging  to  the  United  States  govern- 
ment or  to  this  state,  a  municipality  or  other  political  sub- 
division of  this  state  has  been  erroneously  sold  and  conveyed 
under  the  provisions  of  this  or  the  preceding  section,  or  sec- 
tion three  thousand  seven  hundred  seventy-one  of  this  code, 
and  the  said  land  should  not  have  been  so  sold,  the  purchaser 
at  said  sale  may  present  a  claim  against  the  county  in  the 
manner  provided  by  law  for  a  refund  of  the  amount  so  paid 
into  the  county  treasury  by  reason  of  such  sale. 

SEC.  3.  A  new  section  is  hereby  added  to  the  Political 
Code  to  be  numbered  three  thousand  eight  hundred  ninety- 
eight  a,  and  to  read  as  follows : 

3898a.  (1)  In  the  state  treasury  there  is  hereby  created  a 
fund  to  be  known  as  the  "veterans'  dependents'  education 
fund."  At  the  end  of  each  fiscal  year  any  balance  remaining 


—  31  - 

unencumbered  in  the  tax  land  fund  shall  be  transferred  to  the 
veterans'  dependents'  education  fund,  and  all  moneys  that 
may  be  in  the  latter  fund  from  time  to  time  are  hereb}'  appro- 
priated, without  reference  to  fiscal  years,  to  be  expended  in 
accordance  with  law  by  the  veterans'  welfare  board  in  provid- 
ing instruction,  educational  counsel,  textbooks,  quarters  and 
other  assistance  for  dependents  of  veterans. 

(2)  The  word  "veteran"  as  herein  used  shall  be  as  defined 
in  the   California  veterans'   welfare   act   as   adopted   at  the 
forty-fourth  session  of  the  legislature. 

The  term  "dependent  of  a  veteran"  as  herein  used  shall  be 
construed  to  mean  a  child,  widow,  parent,  brother  or  sister 
of  a  veteran  who  died  or  who  was  killed  in  active  service,  or 
who  died  as  the  result  of  such  service.  Said  term  also 
means  and  includes  the  wife,  child,  parent,  brother  or  sister 
of  any  veteran  classified  by  the  United  States  war  risk  insur- 
ance bureau  as  being  totally  and  permanently  disabled. 

The  benefits  hereof  are  limited  to  dependents  of  veterans 
who  are  without  means  to  adequately  support  or  educate 
themselves. 

(3)  A  dependent  of  a  veteran  who  desires  to  continue  his 
education  may  apply  to  the  veterans'  welfare  board,  and  if 
in  the  opinion  of  the  board  the  educational  needs  of  the  appli- 
cant can  be  satisfactorily  met  in  educational  institutions  in 
this  state  the  board  shall  assume  state  wardship  over  the  edu- 
cation  of  the   applicant.     The  board   shall  have   the   power 
within  its  discretion  to  provide  educational  counsel  for  appli- 
cants, and  where  necessary  to  assist  them  in  securing  admis- 
sion to  suitable  institutions  of  learning;  provided,  that  private 
tuition  schools  shall  be  chosen  only  when  suitable  opportunity 
is  not  available  in  public  or  semipublic  institutions. 

The  board  shall  also,  within  its  discretion,  and  in  so  far  as 
the  fund  may  permit,  have  power  to  provide :  For  the  payment 
of  transportation  charges  once  each  year  from  the  home  of 
the  student  to  and  from  the  institution  of  learning;  for  the 
payment  of  tuition  and  other  fees  if  there  be  such;  for  the 
purchase  of  necessary  books  and  supplies;  for  the  monthly 
payment  of  an  allowance  to  cover  all  or  a  part  of  the  living 
expenses  of  the  student  in  an  amount  which  shall  not  exceed 
fifty  dollars  per  month  for  each  month  during  which  the 
student  is  in  actual  attendance  upon  a  day  school,  absence 
during  the  month  on  account  of  illness  to  be  included  as  a 
part  of  such  attendance. 

The  amount  expended  on  account  of  any  one  applicant 
under  the  provisions  of  this  section  shall  not  exceed  one  thou- 
sand dollars. 

The  board  shall  consider  such  applications  in  the  order  in 
which  they  are  received ;  however,  should  the  funds  available 
be  insufficient  to  meet  the  obligations,  should  it  assume  ward- 
ship over  all  worthy  applicants,  the  board  shall  assume  ward- 
ship over  such  applicants  as  are  most  urgently  in  need  of 
further  education. 


—  32  - 


ASSEMBLY  BILLS. 


Assembly  Bill  No.  822. 

CHAPTER  519,   STATUTES   1921. 
(By  Mr.  Hart.) 

An  act  providing  for  farm  and  home  aid  for  veterans,  defin- 
ing the  powers  and  duties  of  the  veterans'  welfare  board  in 
respect  thereto  and  making  an  appropriation  therefor. 

The  people  of  the  State  of  California  do  enact  as  follows: 

SECTION  1.  This  act  may  be  cited  as  the  "veterans'  farm 
and  home  purchase  act." 

SEC.  2.  As  used  in  this  act  the  term  ' '  veteran ' '  includes  any 
individual  who  has  served  on  active  duty  in  the  army,  navy 
or  marine  corps  of  the  United  States  in  time  of  war  and  has 
received  an  honorable  discharge  therefrom  or  who  has  been 
released  from  active  duty  under  honorable  conditions  and  who 
was,  at  the  time  of  his  enlistment,  induction,  commission  or 
drafting,  a  bona  fide  resident  of  the  State  of  California,  but 
does  not  include — 

1.  Any  individual  at  any  time  after  April  5,   1917,  and 
before  November  12,  1918,  or  thereafter  separated  from  such 
forces  under  other  than  honorable  conditions. 

2.  Any  conscientious  objector  who  performed  no  military 
duty  whatever  or  refused  to  wear  the  uniform ;  or 

3.  Any  alien  at  any  time  during  such  period  or  thereafter 
discharged  from  the  military  or  naval  forces  on  account  of  his 
alienage. 

SEC.  3.  The  object  of  this  act  is  to  furnish  to  veterans  the 
opportunity  to  purchase  farms,  homes  and  home  sites,  and 
the  administration  of  the  provisions  hereof  is  hereby  vested 
in  the  veterans'  welfare  board  as  created  by  the  California 
veterans'  welfare  act  adopted  at  the  forty-fourth  session  of 
the  legislature  of  the  State  of  California. 

SEC.  4.  The  board  may  purchase  for  sale  to  a  veteran  land 
for  agricultural  purposes  not  exceeding  in  value  the  sum  of 
seven  thousand  five  hundred  dollars  or  a  home  or  home  site 
not  exceeding  in  value  the  sum  of  five  thousand  dollars;  pro- 
vided, however,  that  no  veteran  who  has  taken  advantage  of 
the  benefits  of  the  California  veterans'  welfare  act  or  of  edu- 
cational opportunities  furnished  by  any  act  adopted  at  the 
forty-fourth  session  of  the  legislature  of  the  State  of  Califor- 
nia, or  who  has  received  a  bonus  or  adjusted  compensation 
from  this  state  shall  be  permitted  to  take  advantage  of  the 
opportunities  onrred  under  this  act;  provided,  further,  that 
no  veteran  shall  receive  the  benefits  of  this  act  who  would 
thereby  become  the  holder  of  land  exceeding  in  value,  in  the 


—  33  — 

case  of  a  farm,  the  sum  of  seven  thousand  five  hundred  dol- 
lars, or  in  the  case  of  a  home  or  home  site,  the  sum  of  five 
thousand  dollars;  provided,  further,  that  in  any  sales  pref- 
erence must  be  given  to  veterans  who  were  wounded  or  dis- 
abled while  a  member  of  the  military  or  naval  forces  of  the 
United  States,  and  who  are  otherwise  qualified. 

SEC.  5.  Any  person,  firm  or  corporation  within  the  State 
of  California  may  list  any  real  estate  therein  for  the  price  at 
which  the  same  will  be  sold  by  the  person  listing  same  with 
the  board  in  such  form,  and  with  such  specifications,  as  the 
board  may  direct. 

SEC.  6.  Whenever  a  veteran  has  selected  the  land  or  home 
he  desires  to  purchase  under  the  provisions  hereof,  whether 
said  property  has  been  listed  with  the  board  or  not,  he  shall 
file  his  application  with  the  board  in  such  form  as  may  be  pre- 
scribed by  the  board,  setting  forth  such  information  as  may 
be  required  by  the  board.  Whenever  such  an  application  is 
made,  the  board,  if  satisfied  of  the  desirability  of  the  real 
estate  and  of  the  ability  of  the  applicant,  and  that  such  appli- 
cant is  a  veteran  and  that  such  applicant  has  agreed  with  the 
board  to  actually  reside  upon  such  real  estate  within  six 
months  from  the  date  of  the  purchase  by  the  board,  and  that 
the  price  to  be  paid  by  the  board  for  the  real  estate  desired 
to  be  purchased  does  not  exceed  the  sum  of  seven  thousand 
five  hundred  dollars  in  the  case  of  a  farm,  or  five  thousand 
dollars  in  the  case  of  a  home  or  home  site,  shall  be  empowered 
to  enter  into  a  contract  of  purchase  with  the  owner  and  to 
purchase  from  the  owner  thereof  upon  such  terms  as  may  be 
by  them  agreed.  The  board  shall  enter  into  a  contract  with 
the  applicant  for  the  sale  of  said  land  to  said  applicant  at  a 
price  to  be  fixed  by  the  board,  which  will  make  the  pur- 
chase price  and  sale  price  reciprocal,  taking  into  account  the 
difference,  if  any,  in  the  interest  rate  to  be  paid  on  deferred 
installments  by  the  board  and  the  applicant  respectively, 
which  price  shall  include  the  cost  of  such  real  estate  and  all 
expenses  and  costs  incurred  and  estimated  to  be  incurred  by 
the  board  in  relation  thereto,  inclusive  of  interest,  administra- 
tion, appraisals,  examination  of  title,  incidental  expenses  and 
such  sum  as  shall  be  deemed  necessary  to  meet  unforeseen  con- 
tingencies; provided,  that  the  applicant  repurchasing  the 
land  from  the  board  must  make  an  initial  payment  of  at  least 
ten  per  cent  of  the  purchase  price  of  the  land,  in  the  case  of 
a  farm,  and  five  per  cent  in  the  case  of  a  home  or  home  site. 
The  balance  of  said  purchase  price  may  be  amortized  over  a 
period  to  be  fixed  by  the  board  not  exceeding  forty-  years, 
together  with  interest  thereon  at  the  rate  of  five  per  cent  per 
annum  compounded  at  periods  to  be  fixed  by  the  board; 
provided,  however,  that  in  each  case  the  farm  or  home  pur- 
chaser shall  have  the  right  on  any  installment  date  to  pay  any 
or  all  installments  still  remaining  unpaid',  provided,  hoioever, 
that  in  any  individual  case  the  board  may  for  good  cause 
postpone  from  time  to  time  the  whole  or  any  part  of  the  prin- 


—  34  — 

cipal  or  interest  of  any  payment  other  than  the  initial  pay- 
ment upon  such  terms  as  the  board  may  deem  proper.  The 
board  is  empowered  in  each  individual  case  to  determine  the 
terms  of  the  contract  entered  into  with  the  applicant,  but  no 
real  estate  sold  under  the  provisions  of  this  act  shall  be  trans- 
ferred, assigned,  mortgaged,  or  sublet,  in  whole  or  in  part, 
without  the  written  consent  of  the  board,  until  the  purchaser 
has  paid  therefor  in  full  and  has  complied  with  all  the  terms 
and  conditions  of  his  contract  of  purchase.  Before  entering 
into  any  contract  for  the  purchase  of  real  estate  by  the  board 
there  must  be  filed  with  the  board  an  appraisement  of  the 
market  value  of  the  real  estate  proposed  to  be  purchased  by 
the  president,  cashier  or  manager  of  a  banking  corporation 
formed  under  and  by  virtue  of  the  laws  of  the  State  of  Cali- 
fornia and  having  its  principal  place  of  business  in  the  county 
or  city  and  county  in  which  the  real  estate  or  some  portion 
thereof  is  situate ;  providing,  that  if  there  be  no  such  banking 
corporation  having  its  principal  place  of  business  in  the  county 
or  city  and  county  in  which  the  real  estate  is  situate,  then  by 
the  president,  cashier  or  manager  of  a  banking  corporation 
organized  under  and  in  accordance  with  the  laws  of  California 
and  having  its  principal  place  of  business  in  a  county  adjacent 
thereto ;  and  by  an  inheritance  tax  appraiser  of  the  county  in 
which  said  real  estate  or  some  portion  thereof  is  situated  and 
by  at  least  two  members  of  the  board.  Each  appraisement 
shall  be  verified  by  the  maker  thereof  which  verification  shall 
state,  among  other  things,  that  it  is  made  in  good  faith  and 
that  the  valuation  is  honestly  determined  and  represents  the 
bona  fide  opinion  of  the  maker. 

SEC.  7.  The  contract  entered  into  between  the  board  and 
an  approved  purchaser  shall  contain,  among  other  things, 
provisions  that  the  purchaser  shall  maintain  said  farm  or 
home  as  his  place  of  residence  and  keep  in  good  order  and 
repair  all  buildings,  fences  and  other  permanent  improve- 
ments situate  thereon  and  that  each  purchaser  shall,  if  re- 
quired, insure  and  keep  insured  against  fire  all  buildings  on 
said  land,  the  policies  thereof  to  be  made  out  in  favor  of  the 
board  and  to  such  amount  or  amounts  and  in  such  insurance 
companies  as  may  be  by  it  specified.  The  board  may  require 
that  the  purchaser  shall  give  some  form  of  personal  insurance, 
either  accident  or  health,  or  some  other  form  sufficient  to 
carry  him  or  his  family  through  a  period  of  illness,  or  to 
enable  him  to  make  his  payments  when  due. 

The  board,  before  consummating  a  purchase  under  the 
provisions  of  this  act,  shall  cause  the  title  of  the  real  estate 
sought  to  be  purchased  to  be  examined  and  may  require  for 
that  purpose  either  an  abstract  or  an  unlimited  certificate  of 
title  and  may  refer  the  same  to  the  attorney  general  for  his 
opinion. 

In  the  event  of  a  failure  of  a  farm  or  home  purchaser  to 
comply  with  any  of  the  terms  of  his  contract  of  purchase,  the 
board  may  cancel  such  contract  under  the  same  conditions  and 


—  35  — 

with  the  same  effect,  including  the  right  of  a  resale  after  for- 
feiture, as  provided  for  the  cancellation  of  a  settler's  contract 
of  purchase  under  the  provisions  of  the  California  veterans' 
welfare  act  adopted  at  the  forty-fourth  session  of  the  legisla- 
ture of  the  State  of  California. 

SEC.  8.  The  board  shall  have  authority  to  make  all  needed 
rules  and  regulations  for  carrying  out  the  provisions  of  this 
act.  For  the  purposes  of  carrying  out  the  provisions  of  this  act 
the  sum  of  two  million  dollars  is  hereby  appropriated  out  of 
»any  money  in  the  state  treasury  not  otherwise  appropriated. 
Of  this  amount  the  sum  of  one  million  nine  hundred  fifty 
thousand  dollars  shall  constitute  a  revolving  fund  to  be  known 
as  the  veterans'  farm  and  home  building  fund  which  is  calcu- 
lated to  be  returned  to  the  state  within  a  period  of  fifty  years 
from  the  effective  date  of  this  act  with  interest  at  the  rate  of 
four  per  cent  per  annum  on  so  much  thereof  as  shall  be  with- 
drawn from  said  veterans '  farm  and  horn^e  building  fund  from 
the  date  of  withdrawal  until  returned  into  said  fund,  or  until 
returned  into  the  general  fund  in  the  state  treasury,  as  the 
case  may  be;  provided,  that  in  the  event  of  the  sale  of  any 
bonds  which  may  be  hereafter  authorized  to  be  issued  to  create 
a  fund  to  be  expended  in  accordance  with  the  provisions  of 
this  act,  then  and  in  that  event  the  said  sum  of  one  million 
nine  hundred  fifty  thousand  dollars  hereby  appropriated  shall 
be  returned  into  the  general  fund  in  the  state  treasury  out 
of  the  proceeds  from  the  sale  of  such  bonds.  The  remaining 
fifty  thousand  dollars  shall  constitute  a  fund  available  for  the 
payment  of  administrative  expenses  alone  until  such  time  as 
other  moneys  are  available  for  such  purposes  from  the  sales  of 
real  estate  as  provided  for  in  this  act.  The  state  controller  is 
authorized  and  directed  to  draw  warrants  upon  such  funds 
from  time  to  time  upon  requisition  of  the  board  approved  by 
the  state  board  of  control  and  the  state  treasurer  is  hereby 
authorized  and  directed  to  pay  such  warrants. 

SEC.  9.  The  state  board  of  control  is  hereby  authorized 
to  provide  for  advances  of  money  to  the  board  needed  to  meet 
contingent  expenses  to  such  an  amount  not  exceeding  twenty- 
five  thousand  dollars,  as  the  said  board  of  control  shall 
deem  necessary,  such  advances  to  be  administered  as  a  revolv- 
ing fund  of  revolving  funds. 

SEC.  10.  The  money  paid  by  purchasers  from  the  board 
shall  be  deposited  in  the  veterans'  farm  and  home  building 
fund  and  be  available  under  the  same  conditions  as  the 
original  appropriation. 

If  any  section,  subsection,  sentence,  clause  or  phrase  of 
this  act  is  for  any  reason  held  to  be  unconstitutional  such 
decision  shall  not  affect  the  validity  of  the  remaining  portions 
of  this  act.  The  legislature  hereby  declares  that  it  would  have 
passed  this  act,  and  each  section,  subsection,  sentence,  clause 
and  phrase  thereof  irrespective  of  the  fact  that  any  one  or 
more  sections,  subsections,  sentences,  clauses,  or  phrases  be 
declared  unconstitutional. 


—  36  — 
Assembly  Bill  No.  906. 

CHAPTER  164,   STATUTES   1921. 
(By  Mr.  Parkinson.) 

An  act  to  amend  section  three  thousand  three  hundred  sixty- 
six  of  the  Political  Code,  relative  to  the  poivers  of  boards  of 
supervisors,  city  councils  and  town  trustees,  in  their  respec- 
tive counties,  cities  and  towns  to  impose  a  license  tax, 

The  people  of  the  State  of  California  do  enact  as  follows: 

SECTION  1.  Section  three  thousand  three  hundred  sixty- 
six  of  the  Political  Code  is  hereby  amended  to  read  as  follows : 

3366.  Boards  of  supervisors  of  the  counties  of  the  state, 
and  the  legislative  bodies  of  the  incorporated  cities  and  towns 
therein,  shall,  in  the^xercise  of  their  police  powers,  and  for 
the  purpose  of  regulation,  as  herein  provided,  and  not  other- 
wise, have  power  to  license  all  and  every  kind  of  business  not 
prohibited  by  law,  and  transacted  and  carried  on  within  the 
limits  of  their  respective  jurisdictions,  and  all  shows,  exhibi- 
tions and  lawful  games  carried  on  therein,  to  fix  the  rates  of 
license  tax  upon  the  same,  and  to  provide  for  the  collection  of 
the  same  by  suit  or  otherwise ;  provided,  that  every  honorably 
discharged  or  honorably  released  soldier,  sailor,  or  marine  of 
the  United  States  or  confederate  states  who  has  served  in  the 
civil  war,  any  Indian  war,  the  Spanish- American  war,  any 
Philippine  insurrection  or  in  the  Chinese  relief  expedition, 
or  in  the  world  war  of  1914  and  years  following,  who  is 
physically  unable  to  obtain  a  livelihood  by  manual  labor,  and 
who  shall  be  a  qualified  elector  of  the  State  of  California, 
shall  have  the  right  to  distribute  circulars,  and  to  hawk, 
peddle,  and  vend  any  goods,  wares  or  merchandise,  except 
spiritous,  malt,  vinous  or  other  intoxicating  liquor,  without 
payment  of  any  license  tax  or  fee  whatsoever,  whether  munic- 
ipal, county  -or  state,  and  the  board  of  supervisors  or  legis- 
lative body  shall  issue  to  such  soldier,  sailor  or  marine,  with- 
out cost,  a  license  therefor;  provided,  however,  no  license  can 
be  collected  or  any  penalty  for  the  nonpayment  thereof  en- 
forced against  any  commercial  traveler  whose  business  is 
limited  to  the  goods,  wares,  and  merchandise  sold  or  dealt  in 
in  this  state  at  wholesale. 

SEC.  2.  This  act  shall  not  be  deemed  to  repeal  any  act 
vesting  municipal  corporations  with  power  to  license  for  reve- 
nue purposes. 


—  37  — 
Assembly  Bill  No.  909. 

CHAPTER  165,  STATUTES  1921. 
(By  Mr.  Parkinson.) 

An  act  to  amend  section  four  thousand  forty-one  of  the  Polit- 
ical Code,  relating  to  the  general  powers  of  "boards  of 
supervisors. 

The  people  of  the  State  of  California  do  enact  as  follows: 

SECTION  1.  Section  four  thousand  forty-one  of  the  Political 
Code  be  and  the  same  is  hereby  amended  to  read  as  follows: 

4041.  The  boards  of  supervisors,  in  their  respective  coun- 
ties shall  have  jurisdiction  and  power,  under  such  limitations 

and  restrictions  as  are  prescribed  by  law : 

*  *  *  *  *  *  * 

25.  To  license,  in  the  exercise  of  their  police  powers,  and  for 
the  purpose  of  regulation,  as  herein  provided,  and  not  other- 
wise, all  and  every  kind  of  business  not  prohibited  by  law, 
and  transacted  and  carried  on  within  the  limits  of  their  re- 
spective jurisdictions,  and  all  shows,  exhibitions,  and  lawful 
games  carried  on  therein,  to  fix  the  rate  of  license  tax  upon  the 
same,  and  to  provide  for  the  collection  of  the  same  by  suit  or 
otherwise;  provided,  that  every  soldier,  sailor  or  marine  of 
the  United  States  who  has  received  an  honorable  discharge  or 
a  release  from  active  duty  under  honorable  conditions  from 
such  service  and  who  is  unable  to  obtain  a  livelihood  by 
manual  labor,  shall  have  the  right  to  hawk,  peddle  and  vend 
any  goods,  wares  or  merchandise,  except  spirituous,  malt, 
vinous  or  other  intoxicating  liquor,  without  payment  of  any 
license,  tax  or  fee  whatsoever,  whether  municipal,  county 
or  state,  and  the  board  of  supervisors  or  legislative  body  shall 
issue  to  such  soldier,  sailor  or  marine  without  cost,  a  license 
therefor ;  provided,  however,  no  license  can  be  collected,  or  any 
penalty  for  the  nonpayment  thereof  enforced  against  any  com- 
mercial traveler  whose  business  is  limited  to  the  goods,  wares 

and  merchandise  sold  or  dealt  in  in  this  state  at  wholesale. 

#  *  *  *  #  *  * 

40c.  To  levy  a  special  tax  which  shall  produce  not  to  exceed 
two  thousand  five  hundred  dollars  to  be  used  for  the  purpose 
of  compiling  a  war  history  of  the  county. 


Assembly  Bill  No.  1267. 

CHAPTER  172,  STATUTES  1921. 
(By  Mr.  Brooks.) 

An  act  to  prevent  persons  from  unlawfully  using  or  wearing 
the  badge  or  other  insignia  of  the  Grand  Army  of  the 
Republic  or  of  the  United  Spanish  War  Veterans  or  of  the 


American  Legion  or  of  the  Veterans  of  Foreign  Wars  or 
of  certain  other  organizations  composed  of  veterans  and 
descendants  of  veterans  of  wars  in  which  the  United  States 
has  been  a  participant,  and  repealing  an  act  entitled  "An 
act  to  prevent  persons  from  unlawfully  using  or  wearing 
the  badge  of  the  Grand  Army  of  the  Republic  of  this  state," 
approved  March  10,  1887. 

The  people  of  the  State  of  California  do  enact  as  follows: 

SECTION  1.  Any  person  who  shall  wilfully  wear  or  use, 
within  this  state,  the  badge,  lapel  button,  rosette,  or  other 
recognized  and  estimable  insignia  of  the  Grand  Army  of 
the  Republic  or  of  the  United  Spanish  War  Veterans  or 
the  American  Legion  or  Veterans  of  Foreign  Wars,  unless 
he  shall  be  entitled  to  wear  or  use  the  same  under  the  rules 
and  regulations  of  the  Department  of  California,  Grand  Army 
of  the  Republic,  or  United  Spanish  War  Veterans,  or  the 
American  Legion  or  Veterans  of  Foreign  Wars,  or  the  Sons 
of  the  American  Revolution  or  the  Military  Order  of  Foreign 
Wars  of  the  United  States,  or  the  Military  Order  of  the  Loyal 
Legion  of  the  United  States,  or  of  the  Military  Order  of  the 
World  War  respectively,  shall  be  guilty  of  a  misdemeanor, 
and,  upon  conviction,  shall  be  punished  by  imprisonment  for  a 
term  not  to  exceed  thirty  days  in  the  county  jail,  or  a  fine 
not  to  exceed  twenty  dollars,  or  by  both  such  fine  and  impris- 
onment. 

SEC.  2.  An  act  entitled  "An  act  to  prevent  persons  from 
unlawfully  using  or  wearing  the  badge  of  the  Grand  Army 
of  the  Republic  of  this  state,"  approved  March  10,  1887,  as 
amended  March  1,  1907,  is  hereby  repealed. 


Assembly  Constitutional  Amendment  No.  24. 

CHAPTER  52,  STATUTES  1921. 

(By  Mr.  McDowell.) 

Assembly  Constitutional  Amendment  No.  24 — A  resolution  to 
propose  to  the  people  of  the  State  of  California  an  amend- 
ment to  section  one  and  one-quarter  of  the  constitution  of 
the  State  of  California,  relating  to  exemption  from  taxation 
all  veterans  of  the  army,  navy  or  marine  corps,  and  revenue 
marine  service  of  the  United  States  in  time  of  ivar. 

The  legislature  of  the  State  of  California  at  its  regular  ses- 
sion commencing  on  the  third  day  of  January  A.  D.  one  thou- 
sand nine  hundred  twenty-one,  two-thirds  of  the  members 
elected  to  each  of  the  two  houses  of  said  legislature  voted  in 
favor  thereof,  hereby  proposes  that  section  one  and  one 
quarter  of  article  thirteen  of  the  constitution  of  the  State  of 
California  be  amended  to  read  as  follows: 

Sec.  1J.  The  property  to  the  amount  of  one  thousand  dol- 
lars of  every  resident  of  this  state  who  has  served  in  the 


—  39  — 

army,  navy,  marine  corps  or  revenue  marine  service  of  the 
United  States  in  time  of  war,  and  received  an  honorable  dis- 
charge therefrom  or  who  has  been  released  from  active  duty 
under  honorable  conditions,  or  lacking  such  amount  of  prop- 
erty in  his  own  name,  so  much  of  the  property  of  the  wife 
of  any  such  person  as  shall  be  necessary  to  equal  said  amount ; 
and  property  to  the  amount  of  one  thousand  dollars  of  the 
widow  resident  in  this  state,  or  if  there  be  no  such  widow, 
of  the  widowed  mother  resident  in  this  state,  of  every  person 
who  has  so  served  and  has  died  either  during  his  term  of 
service  or  after  receiving  an  honorable  discharge  from  said 
service,  or  who  has  been  released  from  active  duty  under 
honorable  conditions,  and  the  property  to  the  amount  of  one 
thousand  dollars  of  pensioned  widows,  fathers,  and  mothers, 
resident  in  this  state,  of  soldiers,  sailors  and  marines  who 
served  in  the  army,  navy  or  marine  corps  or  revenue  marine 
service  of  the  United  States  shall  be  exempt  from  taxation; 
provided,  this  exemption  shall  not  apply  to  any  person  named 
herein  owning  property  of  the  value  of  five  thousand  dollars 
or  more,  or  where  the  wife  of  such  soldier  or  sailor  owns  prop- 
erty of  the  value  of  five  thousand  dollars  or  more.  No  exemp- 
tion shall  be  made  under  the  provisions  of  this  act  of  the 
property  of  a  person  who  is  not  a  legal  resident  of  the  state. 

(NOTE. — This  Constitutional  Amendment  will  be  on  the  ballot  at  the 
general   election   to   be   held   November   7,   1922.) 


Assembly  Joint  Resolution  No.  9. 

CHAPTER  17,  STATUTES  1921. 
(By  Messrs.  Brooks,  Christian  and  Parkinson.) 

Relative  to  the  passage  of  the  world  war  adjusted  compen- 
sation act. 

WHEREAS,  The  nation's  debt  to  the  veterans  of  the  world 
war  is  unquestionably  recognized  by  a  grateful  people,  for 
valiant  services  rendered,  and 

WHEREAS,  There  is  now  pending  before  the  congress  of 
the  United  States  a  bill  known  as  the  world  war  adjusted 
compensation  act  (H.  R.  No.  14157)  ;  and 

WHEREAS,  It  appears  that  the  consensus  of  opinion  of  the 
veterans  of  the  world  war  is  overwhelmingly  in  favor  of 
this  bill  in  preference  to  any  other  solution  of  the  problem 
of  rendering  to  the  veterans  a  part  of  their  just  due;  and 

WHEREAS,  A  failure  to  act  promptly  will  in  many 
instances  be  the  equivalent  of  a  denial  of  justice;  there- 
fore, be  it 

Resolved  ~by  the  assembly  and  the  senate,  jointly,  That 
the  legislature  of  the  State  of  California  memorialize  the 


—  40  — 

congress  of  the  United  States  for  the  passage  of  the  said 
world  war.  adjusted  compensation  act  at  an  early  date;  and 
be  it  further 

Resolved,  That  the  senators  and  representatives  in  con- 
gress from  the  State  of  California  be  requested  to  use  honor- 
able means  to  secure  the  action  desired  in  this  matter  for 
the  purposes  aforesaid;  and  be  it  further 

Resolved,  That  a  copy  of  these  resolutions  be  forwarded 
to  the  president  of  the  United  States,  to  the  presiding  officers 
of  both  houses  of  congress,  and  to  each  of  the  senators  and 
representatives  in  congress  from  the  State  of  California, 
including  those  to  assume  office  on  March  4,  1921. 


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